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Estate of Ungar v. Palestinian Authority

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 15, 2010

ESTATE OF YARON UNGAR, ETC., ET AL., PLAINTIFFS-APPELLANTS,
v.
THE PALESTINIAN AUTHORITY, DEFENDANT,
THE PALESTINIAN PENSION FUND FOR THE STATE ADMINISTRATIVE EMPLOYEES IN THE GAZA STRIP, DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 9, 2009, which denied plaintiffs' motion to shift the burden of proof and alter the order of presentation at trial, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., McGuire, Moskowitz, Acosta, DeGrasse, JJ.

102101/06

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 NY 368, 371-372 [1933]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100415

© 1992-2010 VersusLaw Inc.



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