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YOUNG v. HUTCHINSON

14 A.D.2d 562 (1961)

George G. Young et al., Appellants, v. Harold W. Hutchinson, Respondent

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

July 5, 1961

Judgment and order appealed from reversed, with costs to abide the event, and a new trial ordered.

In our opinion, the learned trial court was in error in holding, as he did here, that in order to prevail plaintiffs' proof in support of the alleged fraud "must go beyond the presentation of a preponderance of evidence" and "must nearly approach the standard of proof required in a criminal action" (cf. Kurz v. Doerr...

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