Provincial Hotels, Inc. v. Mascair

1KATZ, J.,

Would Grant Rehearing for the Assigned Reasons 1.

I would grant a rehearing as I find that the opinion rendered by this court on original hearing fails to cite the applicable legal principles relating to: (1) proof of obligations; (2) burden of proof; (3) the legal effect in a civil proceeding of a civil defendant who refuses to testify and asserts his 5th Amendment privilege against self-incrimination; and (4) the standard of review to be applied by the appellate court in reviewing the correctness of the trial court’s judgment.

*1289The original opinion stated, inter alia: “The plaintiffs…