October 28, 2020

A dispute over a purported gift.

Plaintiff alleges that defendants were unjustly enriched by keeping money that defendants claim was a gift. Defendants seek to show that the money was a gift by pointing to plaintiff's gifts to his nephew, his loan to a friend, which defendants allege was mostly forgiven and, therefore, was essentially a gift, and the fact that he may have allowed one defendant to buy plaintiff's house for less than fair market value. However, in a civil case, a party's character may not be used to raise an inference that he acted in conformity therewith on the occasion at issue.

Vlachos v. Thomas, NY Slip Op 06041 (1st Dep't October 22 2020)

Here is the decision.