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SCIACCA v. MANDEL

240 A.D.2d 651 (1997)

659 N.Y.S.2d 998

Grace Sciacca, Appellant, v. Jack Mandel et al., Defendants, and Hilda Munz, Respondent

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

June 23, 1997

Ordered that the order is affirmed, with costs.

There are factual questions as to whether the mortgage given by the defendant Jack Mandel to the decedent Fannie Mandel constituted a fraudulent transfer under the Debtor and Creditor Law, and whether, even if the transfer was not fraudulent, it would be equitable to enforce that mortgage under the circumstances of this case (see, Futterman v Calce, 226 A.D.2d 306;

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