KOO v. ROBERT KOO WINE & LIQUOR, INC.


203 A.D.2d 180 (1994)

611 N.Y.S.2d 4

Tok Hwai Koo, Respondent, v. Robert Koo Wine & Liquor, Inc., et al., Appellants

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

April 26, 1994


Given that defendant Koo admittedly signed plaintiff's name to the deed, plaintiff's claim that Koo did so without plaintiff's authority cast the burden of proof on defendants, who sought to sustain the validity of the deed, to rebut plaintiff's claim of fraud in the factum by a preponderance of the evidence (see, Fleming v Ponziani, 24 N.Y.2d 105, 110-113; Mix v Neff,

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