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BAD NAUHEIM PROPERTIES LTD. v. AMEROPAN OIL CORPORATION

299 A.D.2d 381 (2002)

749 N.Y.S.2d 423

BAD NAUHEIM PROPERTIES LTD., Respondent, v. AMEROPAN OIL CORPORATION, Appellant.

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

Decided November 12, 2002.

Ordered that the judgment is affirmed, with costs.

The jury verdict was not against the weight of the evidence (see Nicastro v Park, 113 A.D.2d 129, 133). The evidence and testimony received at trial supports the jury determination that the transfers of money between the plaintiff and the defendant were loans.

The defendant failed to sustain its burden of proving the partial bar of the statute of limitations.

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