FINDS THAT HE HAD ESTABLISHED AN ENTITLEMENT TO RELIEF
After GMC filed suit in the New York County Civil Court to recover $5000 he had advanced to the defendants, a judge ended up dismissing his claim because he hadn’t “shown, by a preponderance of the evidence, damages in the amount of $5,000."
On appeal, the Appellate Term, First Department, noted that his testimony and documentary evidence established that GMC had deposited the funds into the defendants’ bank account in accordance with the parties’ agreement. Given that he satisfied his “burden of setting forth a prima facie case as to damages in the sum of $5,000,” the AT1 reversed the dismissal, reinstated the case, and entered judgment in GMC’s favor.
Now that's a reversal.
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DECISION