RUCK v. RUCK


19 A.D.2d 809 (1963)

Reuben Ruck, Respondent, v. Jean Ruck, as Administratrix of The Estate of Leon M. Ruck, Deceased, Appellant

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

October 15, 1963


Decree unanimously reversed, on the law and the facts and in the exercise of discretion, and a new trial is granted, with costs to abide the event.

The evidence received is ambiguous as to the true nature of the transactions between plaintiff and decedent. Plaintiff attempted to present the transaction as a simple loan, whereas the evidence indicates a more complex noncash arrangement, in which the alleged corporate debts owed plaintiff and the alleged debt owed by...

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