Estate of Ungar v Palestinian Auth.
2010 NY Slip Op 03039 [72 AD3d 515]
April 15, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


Estate of Yaron Ungar, Deceased, by and through its Administrator, David Strachman, et al., Appellants,
v
The Palestinian Authority, Defendant, and The Palestinian Pension Fund for the State Administrative Employees in the Gaza Strip, Respondent.

—[*1] Jaroslawicz & Jaros, New York (Robert J. Tolchin of counsel), for appellants.

Morrison & Foerster LLP, New York (Mark David McPherson of counsel), for 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.

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]). Concur—Andrias, J.P., McGuire, Moskowitz, Acosta and DeGrasse, JJ.