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NATIONAL COMMUNICATIONS CORP. v. BLOCH

259 A.D.2d 427 (1999)

687 N.Y.S.2d 151

NATIONAL COMMUNICATIONS CORP., Respondent, v. HARVEY BLOCH et al., Appellants.

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

Decided March 25, 1999.

While the burden of proof was on petitioner to establish that the challenged transfer was made without fair consideration, the Special Referee properly required respondents to produce evidence of the nature and value of the consideration, such evidence being solely within their control (see, Gelbard v Esses, 96 A.D.2d 573, 576). Indeed, respondent Bloch was on both sides of any transaction between the judgment debtor, a company in...

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