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BRIGNOLI v. BALCH, HARDY & SCHEINMAN, INC.

178 A.D.2d 290 (1991)

Richard J. Brignoli, Appellant, v. Balch, Hardy & Scheinman, Inc., Respondent

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

December 17, 1991

In this action for breach of contract and violation of trade secrets, the IAS court erroneously charged the jury in a way that left a clear impression that the burden of proof was on the plaintiff that he, and not a successor corporation, was the real party in interest. The defendant bears the burden of proof on an affirmative defense (see, e.g., Kramer v City of New York, 173 A.D.2d 155, lv denied 78 N.Y.2d 857), including...

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