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LAHAM v. CHAMBI

299 A.D.2d 151 (2002)

753 N.Y.S.2d 34

ELIE LAHAM, Also Known as ELIE I. LAHAM, Respondent, v. BAHIA MEHMET BIN CHAMBI, Also Known as BAHIA MEHMET, Appellant.

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

Decided November 7, 2002.

Issues of fact preclude summary judgment here. In particular, issues are presented with respect to the defenses of lack of consideration and fraud.

The general rule that "the adequacy of consideration is not a proper subject for judicial scrutiny" (see Dafnos v Hayes, 264 A.D.2d 305, 306) applies when "some benefit" was received. Here, however, defendant offered evidence tending to establish that she received no benefit whatsoever...

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