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BARCLAYS BANK OF NEW YORK v. RECUPERO

169 A.D.2d 752 (1991)

Barclays Bank of New York, N.A., Respondent, v. Phil Recupero et al., Defendants, and Jack Vecchiarelli et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1991

Ordered that the order and judgment is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.

Contrary to the Supreme Court's determination, we find that the plaintiff failed to establish as a matter of law that the conveyance made by the defendant Jack Vecchiarelli to his wife, the defendant Suzanne Vecchiarelli, was fraudulent as that term is defined in Debtor and Creditor Law §...

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