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Mellnychuk v. Diana

246 A.D. 743 Court N.Y. App. Div. English

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p. 743
Mik Mellnychuk, as Administrator, etc., of Stella Mellnychuk, Deceased, Appellant, v. Victor Diana and Angiolina Diana, Respondents.

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.