Sakow v. 633 Seafood Restaurant, Inc.

Judgment, Supreme Court, New York County (Walter Schackman, J., and a jury), entered February 15, 1995, awarding plaintiffs the sum of $719,389.56, unanimously affirmed, with costs.

The jury charge and interrogatories regarding the burden of proof were not confusing and did not improperly shift the burden of proof to defendant. The court’s charge presented a clear and correct statement of the law on burden of proof with respect to plaintiffs’ allegation in the complaint that their substantial advancement of funds made to defendant was a construction loan, rather than an investment in the…