LE MAY v. FRANKEL


80 A.D.2d 665 (1981)

Marion Le May, Appellant, v. Alfred R. Frankel, Respondent

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

February 5, 1981


Plaintiff brought this action against defendant for repayment of the balance of a loan in the sum of $19,674. At the conclusion of the evidence, the court directed a verdict for defendant pursuant to CPLR 4401 on the ground that plaintiff failed to sustain her burden of proving her cause of action. The court opined that plaintiff's evidence "would constitute a gift with a somewhat vague promise * * * to make repayment sometime in the future." Plaintiff contends on appeal...

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