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FEDERAL DEPOSIT INS. CO. v. MALIN

Nos. 659, 739, Dockets 85-7747, 85-7803.

802 F.2d 12 (1986)

FEDERAL DEPOSIT INSURANCE CO., Plaintiff-Appellee, Cross-Appellant, v. Leonard MALIN, and Phyllis Malin, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 23, 1986.

Attorney(s) appearing for the Case

Jacob Oliner, New York City (Oliner & Oliner, New York City, of counsel), for defendants-appellants, cross-appellees.

Robert Frey, New York City (Deutsch & Frey, New York City, of counsel), for plaintiff-appellee, cross-appellant.

Before MESKILL, NEWMAN and KEARSE, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from an amended judgment entered September 30, 1985, in the United States District Court for the Eastern District of New York, Altimari, J., after a bench trial. The court declared a deed executed between Phyllis and Leonard Malin pursuant to their separation agreement void and in fraud of the creditor, the Federal Deposit Insurance Company (FDIC), under the actual and presumptive fraud provisions of sections 276, 273...

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