Mellnychuk v. Diana ( 1935 )

Judgment dismissing plaintiff’s complaint in an action to set aside a conveyance as in fraud of a creditor affirmed, without costs. No opinion. Hagarty, Tompkins and Davis, JJ., concur; Lazansky, P. J., and Young, J., dissent and vote for reversal and a new trial upon the ground that the determination is against the weight of the evidence. The proof was clear and convincing that the wife joined with the husband in a scheme to defraud his creditors.