Legal Opinion
Brignoli v. Balch, Hardy & Scheinman, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1991PublishedCited by 18 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Herman Cahn, J.), entered July 13, 1991, which, after a jury trial, rendered judgment for defendant, unanimously reversed, and a new trial ordered, with costs.
In this action for breach of contract and violation of trade secrets, the IAS court erroneously charged the jury in a way that left a clear impression that the burden of proof was on the plaintiff that he, and not a successor corporation, was the real party in interest. The defendant bears the burden of proof on an affirmative defense (see, e.g., Kramer v City of New York, 173 AD2d 155, lv…
2Cases cited3 opinions
- Kramer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Cleary v. DykemanAppellate Division of the Supreme Court of the State of New York · 1914
- Wilson v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by18 opinions
- In Re IBP, Inc., Shareholders LitigationCourt of Chancery of Delaware · 2001
- Peguero v. 601 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Banque Arabe Et Internationale D'Investissement v. Maryland National BankDistrict Court, S.D. New York · 1994
- BARTON GROUP, INC. v. NCR Corp.District Court, S.D. New York · 2011
- Deutsche Bank National Trust Co. v. PietranicoNew York Supreme Court · 2011
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