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ESTATE OF UNGAR EX REL. DAVID STRACHMAN v. PALESTINIAN AUTHORITY

2543, 102101/06

72 A.D.3d 515 (2010)

897 N.Y.S.2d 907

ESTATE OF YARON UNGAR, Deceased, by and through its Administrator, DAVID STRACHMAN, et al., Appellants, v. THE PALESTINIAN AUTHORITY, Defendant, and THE PALESTINIAN PENSION FUND FOR THE STATE ADMINISTRATIVE EMPLOYEES IN THE GAZA STRIP, Respondent.

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

Decided April 15, 2010.

The Court reaches this decision by assuming, without deciding, that Supreme Court's order is appealable. Plaintiff had the burden of proving the facts as alleged (Lopp v Lopp, 191 App Div 500 [1920]), even when there is a rebuttable presumption (St. Andrassy v Mooney, 262 N.Y. 368, 371...

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