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Cohen v. Gellers

15 A.D.2d 954, 226 N.Y.S.2d 710, 1962 N.Y. App. Div. LEXIS 10798
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 26, 1962
StatusPublished

This text of 15 A.D.2d 954 (Cohen v. Gellers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. Gellers, 15 A.D.2d 954, 226 N.Y.S.2d 710, 1962 N.Y. App. Div. LEXIS 10798 (N.Y. Ct. App. 1962).

Opinion

[955]*955It was error for the trial court to direct judgment in favor of the

plaintiff solely on the ground that the defendant failed to establish her affirmative defense by a fair preponderance of the evidence. Irrespective of the defense interposed by the defendant, the burden was upon the plaintiff to establish her cause of action by a fair preponderance of the evidence (cf. Farmers’ Loan & Trust Co. v. Siefke, 144 N. Y. 354, 359; Whitlatch v. Fidelity & Cas. Co. of N. Y., 149 N. Y. 45, 50-51; Matter of Tipple, 118 Misc. 430). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ. concur.

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Related

Farmers' Loan & Trust Co. v. Siefke
39 N.E. 358 (New York Court of Appeals, 1895)
Whitlatch v. . Fidelity and Casualty Co.
43 N.E. 405 (New York Court of Appeals, 1896)
In re Tipple
118 Misc. 430 (New York Surrogate's Court, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
15 A.D.2d 954, 226 N.Y.S.2d 710, 1962 N.Y. App. Div. LEXIS 10798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-gellers-nyappdiv-1962.