What is the test for a jury to determine whether a defendant has been found to be a defendant in a civil case?

"New York", United States of America

The following excerpt is from In re Annamae, 58 Misc.3d 892, 68 N.Y.S.3d 633 (N.Y. Cty. Ct. 2017):

( Matter of O'Connell v. O'Connell , 105 A.D.3d 1367, 1368, 963 N.Y.S.2d 789 [4th Dept. 2013], quoting Matter of Maher v. Maher , 1 A.D.3d 987, 988, 767 N.Y.S.2d 179 [4th Dept. 2003].

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