Estate of Ungar v. Palestinian Authority
This text of 72 A.D.3d 515 (Estate of Ungar v. Palestinian Authority) 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.
Opinion
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 9, 2009, which denied plaintiffs’ motion to shift the burden of proof and alter the order of presentation at trial, unanimously affirmed, with costs.
The Court reaches this decision by assuming, without deciding, that Supreme Court’s order is appealable. Plaintiff had the burden of proving the facts as alleged (Lopp v Lopp, 191 App Div 500 [1920]), even when there is a rebuttable presumption (St. Andrassy v Mooney, 262 NY 368, 371-372 [1933]). Concur— Andrias, J.P., McGuire, Moskowitz, Acosta and DeGrasse, JJ.
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Cite This Page — Counsel Stack
72 A.D.3d 515, 897 N.Y.S.2d 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-ungar-v-palestinian-authority-nyappdiv-2010.