What is the test for a plaintiff to recover damages in a civil action?
"New York", United States of America
The following excerpt is from City of New York v. Benenson, 244 N.Y.S.2d 653, 41 Misc.2d 20 (N.Y. City Ct. 1963):
Although the plaintiff seeks to recover a penalty, this is basically a civil action. There is no rule of law which requires the plaintiff in a civil action to prove its case with the same certainty which is required in criminal prosecutions. Nothing more is required in such cases than to prove its case by a fair preponderance of the credible evidence (People v. Briggs et al., 114 N.Y. 56, 65, 20 N.E. 820, 823).
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