Dechen v. Dechen

Appellate Division of the Supreme Court of New York

Dechen v. Dechen

236 A.D. 799

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1932

StatusPublished

This text of 236 A.D. 799 (Dechen v. Dechen) 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

Dechen v. Dechen, 236 A.D. 799 (N.Y. Ct. App. 1932).

Pincite

Opinion

Judgment reversed on the law and a new trial granted, costs to abide the event. In our opinion, the plaintiff made out a prima facie case. The facts and circumstances disclosed by the plaintiff’s evidence created a presumption of undue influence and fraud and put the burden upon the defendant of showing the consideration for the transfer and the circumstances in connection therewith. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.

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Judgment reversed on the law and a new trial granted, costs to abide the event. In our opinion, the plaintiff made out a prima facie case. The facts and circumstances disclosed by the plaintiff’s evidence created a presumption of undue influence and fraud and put the burden upon the defendant of showing the consideration for the transfer and the circumstances in connection therewith. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.

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Bluebook (online)

236 A.D. 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dechen-v-dechen-nyappdiv-1932.