Appellate Division of the Supreme Court of New York, 1937

Commissioner of Public Welfare v. Merkle

Commissioner of Public Welfare v. Merkle
Appellate Division of the Supreme Court of New York · Decided December 24, 1937
253 A.D. 749; 300 N.Y.S. 937; 1937 N.Y. App. Div. LEXIS 5456
Commissioner of Public Welfare v. Merkle

Opinion of the Court

Order of the Court of Special Sessions of the City of New York, Borough of Queens, *750denying an order of filiation, dismissing the proceeding, and discharging the defendant reversed on the law and the facts and a new trial ordered. The order is against the weight of the evidence. The letters from various persons to the complaining witness were hearsay and incompetent as evidence. Davis, Taylor and Close, JJ., concur; Hagarty and Adel, JJ., dissent and vote to affirm.

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