Legal Question in Civil Litigation in New York

Re: what is the definitiopn of a gift for small claims court with no written agr

A gift is the transfer of property without consideration or the expectation of consideration. There has to be the intent of the giver to give a gift and acceptance by the receiver to take the gift. Where there is ambiguity as to whether a transfer is a gift or a loan, the presumption is that the transfer is a loan. The burden to overcome the presumption is on the person asserting a gift by a perponderance of the evidence.

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