Century 21 Bigman Realty, Inc. v. Horton

Full title: CENTURY 21 BIGMAN REALTY, INC., Appellant, v. JACQUELINE HORTON et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 12, 1996

230 A.D.2d 761 (N.Y. App. Div. 1996)

646 N.Y.S.2d 458

Opinion

August 12, 1996

In an action to recover a broker's commission, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated December 23, 1994, which denied its motion to set aside a conveyance as fraudulent pursuant to the Debtor and Creditor Law.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to sustain its burden of demonstrating that a conveyance from defendant Jacqueline Horton to her former husband Kim Horton was made without fair consideration within the meaning of Debtor and Creditor Law § 273-a ( see, Colombo v Caiati, 131 A.D.2d 532; Gelbard v Esses, 96 A.D.2d 573). Rosenblatt, J.P., Ritter, Pizzuto and Hart, JJ., concur.