Opinion
February 15, 1968
Appeal from the Niagara Trial Term.
Present — Williams, P.J., Bastow, Henry, and Del Vecchio, JJ.
Judgment unanimously affirmed, with costs. Memorandum: The evidence sustains the determinations made by the trial court. In addition, we find that the transfer of the Homestead Restaurant from respondent to appellant, although motivated by the desire to hinder a potential creditor, was made at the suggestion and insistence of appellant. Under such circumstances she is estopped from invoking the equitable defense of unclean hands. ( Boyd v. De La Montagnie, 73 N.Y. 498.)