Dechen v. Dechen

¶1Judgment reversed on the law and a new trial granted, costs to abide the event. In our opinion, the plaintiff made out a prima facie case. The facts and circumstances disclosed by the plaintiff’s evidence created a presumption of undue influence and fraud and put the burden upon the defendant of showing the consideration for the transfer and the circumstances in connection therewith. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.