Plaintiff bore the burden of proof in this action on an unpaid loan. The question was whether the money advanced to defendant was actually a loan in the form of a down payment on a Manhattan co-op apartment, as alleged, or whether it was simply payment on a debt in the form of reimbursement of rent on a New Jersey apartment. As the trial court determined, the testimony of neither party was credible, and there is no basis for concluding that the findings of fact could not...
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