Topic: failed to sustain its burden of proof by a preponderance of… · Go Syfert
← All topics

Topic #23443

6 canonical passages across 6 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Mautner-Glick Corp. v. Glazer.

#Case FlagCanonical passage Citers
1 Mautner-Glick Corp. v. Glazer Anchor
nyappdiv · 2017
green “failed to sustain its burden of proof by a preponderance of the evidence that the predicate notice of termination was served” 3
2 Rinaldi & Sons, Inc. v. Wells Fargo Alarm Service, Inc.
ny · 1976
green “when the evidence comes down to one interested party's word against the other interested party's word, in the absence of some reason to weight one party's testimony more than another, the evidence is in equipoise and the proponent, petitioner, does not satisfy her burden of prov…” 3
3 Engel v. Lighterman
ny · 1984
green “constitutes prima facie proof of its service” 3
4 Kardanis v. Velis
nyappdiv · 1982
green “accord the testimony of a disinterested witness like a process server more weight than an interested witness like a party” 3
5 Rox Riv 83 Partners v. Ettinger
nyappdiv · 2000
green “would be outweighed by the testimony of a defendant denying service” 3
6 George Doulaveris & Son, Inc. v. P.J. 37 Food Corp.
nyappterm · 2013
green “the court and the parties with notice of material elements of each defense” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check