Topic: must affirmatively establish the merits of its . . . defens… · Go Syfert
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Topic #38815

2 canonical passages across 2 cases, quoted by 9 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 Orcutt v. American Linen Supply Co..

#Case FlagCanonical passage Citers
1 Orcutt v. American Linen Supply Co. Anchor
nyappdiv · 1995
green “must affirmatively establish the merits of its . . . defense and does not meet its burden by noting gaps in its opponent's proof” 6
2 DeCarlo v. Eden Park Health Services, Inc.
nyappdiv · 2009
green “that the likelihood of other possible causes of the injury 'are so reduced that the greater probability lies at defendant's door” 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.

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