MADISON HUDSON ASSOCS. v. NEUMANN

Issues of fact exist, precluding summary judgment, inter alia, the specific terms of a joint venture agreement between the parties; the possible modification thereof by the November 13 letter agreement; and the conduct of the Achenbaum defendants. With respect to the alleged fraudulent conveyance, the determination of insolvency, or what constitutes fair consideration under Debtor and Creditor Law § 273, is generally one of fact to be determined by the circumstances of a particular case ( Matter of American Inv. Bank v. Marine Midland Bank, 191 A.D.2d 690, 691-92).

We have considered defendants' remaining arguments and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.