Legal Opinion

Le May v. Frankel

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

Decided February 5, 1981PublishedCited by 10 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court in favor of defendant, entered December 14, 1979 in Albany County, upon a dismissal of the complaint by the court at a Trial Term, at the close of all the evidence. Plaintiff brought this action against defendant for repayment of the balance of a loan in the sum of $19,674. At the conclusion of the evidence, the court directed a verdict for defendant pursuant to GPLR 4401 on the ground that plaintiff failed to sustain her burden of proving her cause of action. The court opined that plaintiff’s evidence “would constitute a gift with a somewhat vague…

2Cases cited4 opinions

  1. Wallach v. DryfoosAppellate Division of the Supreme Court of the State of New York · 1910
  2. Aetna Casualty & Surety Co. v. GarrettAppellate Division of the Supreme Court of the State of New York · 1971
  3. Newland v. JuneauAppellate Division of the Supreme Court of the State of New York · 1978
  4. Lipton v. WagnerAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by10 opinions

  1. Dolitsky v. Bay Isle Oil Co.Appellate Division of the Supreme Court of the State of New York · 1985
  2. McCloud v. MarcantonioAppellate Division of the Supreme Court of the State of New York · 1984
  3. Quinn v. BuffaAppellate Division of the Supreme Court of the State of New York · 1983
  4. Becker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  5. Landry v. A. Di Sarro Construction Co.Appellate Division of the Supreme Court of the State of New York · 1989

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