In Siebert v. Dermigny , Muriel Siebert gave Nicholas Dermigny a check, which Seibert claimed was a loan.
When Siebert sued to recover the funds, Dermigny argued that the check was repayment of a debt -- rent monies Dermigny advanced on Siebert's behalf.
After the New York County Supreme Court found neither side credible and dismissed the case, an appeal to the Appellate Division, First Department, followed.
Since Seibert never demanded repayment from Dermigny, and there was no written agreement or any indication that the money was a loan, the AD1 affirmed the outcome.
To download a copy of the Appellate Division's decision, please use this link: Siebert v. Dermigny