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COHEN v. GELLERS

15 A.D.2d 954 (1962)

Celia Cohen, as Executrix of Philip Glasser, Deceased, Respondent, v. Elsie Gellers, Appellant

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

March 26, 1962

Judgment, insofar as appealed from, reversed, and a new trial granted, with costs to abide the event.

It was error for the trial court to direct judgment in favor of the plaintiff solely on the ground that the defendant failed to establish her affirmative defense by a fair preponderance of the evidence. Irrespective of the defense interposed by the defendant, the burden was upon the plaintiff to establish her cause of action...

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