YUSCZYK v. MITAR


279 A.D. 846 (1952)

John Yusczyk et al., Respondents, v. Anna N. Mitar et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 18, 1952.


Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

Plaintiff's cause (or causes) of action being predicated on fraud, regardless of the varied and inconsistent relief demanded, the record must indicate that the plaintiffs have sustained the burden of proving that charge of fraud. This the record here fails to do, as the evidence does not...

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