Olko v. Citibank, N.A.

Judgment, Supreme Court, New York County (Ira Gammerman, JHO), entered December 27, 2005, after a jury trial, awarding plaintiff the total sum of $300,701, affirmed, with costs.

In this action to recover the principal sum plus interest on a certificate of deposit (CD), plaintiff presented evidence of the certificate of deposit, thus shifting the burden to defendant bank to establish the defense of payment, and, based on the evidence before it, the jury fairly concluded that that burden had not been met (cf. Rosenstock v Dessar, 109 App Div 10, 12, 13-14 [1905]). The court’s charge was proper…