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

Mik Mellnychuk, as Administrator, etc., of Stella Mellnychuk, Deceased, Appellant, v. Victor Diana and Angiolina Diana, Respondents. [MAJORITY] 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.