TOMPKINS TRUST CO. v. GOWIN


163 Misc.2d 418 (1994)

621 N.Y.S.2d 476

Tompkins County Trust Company, Plaintiff, v. D. Bob Gowin et al., Defendants.

Supreme Court, Tompkins County.

December 8, 1994


Attorney(s) appearing for the Case

Harris, Beach & Wilcox, Ithaca (Mark Wheeler of counsel), for plaintiff. Charles Guttman, Ithaca, for D. Bob Gowin, defendant. Hinman, Howard & Kattell, Binghamton (Albert J. Millus, Jr., of counsel), for Teachers Insurance and Annuity Association and another, defendants.


WALTER J. RELIHAN, JR., J.

The plaintiff bank, following a default, foreclosed the mortgage of the defendant Gowin. Thereafter, the bank moved for a deficiency judgment (RPAPL 1371). Three days prior to trial, Gowin transferred $100,000 from a personal investment account in a brokerage firm to his College Retirement Equities Fund retirement fund.

The transfer, of course, was without consideration and...

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