Appellate Terms of the Supreme Court of New York, 1959

Diodato v. Rosetti

Appellate Terms of the Supreme Court of New York · Decided October 2, 1959

19 Misc. 2d 780; 195 N.Y.S.2d 865; 1959 N.Y. Misc. LEXIS 2929

Counsel

Charles H. Tenney, Corf oration Counsel (Robert L. Ellis of counsel), for appellant., Leon Washor for respondent.

Opinion of the Court

Per Curiam.

The decision of the trial court was against the weight of the credible evidence. Moreover, it was error to exclude evidence of the convictions of plaintiff and his principal witness for the crime of book-making.

The judgment should be reversed on the law and facts and a new trial ordered, with $30 costs to defendant to abide the event.

Pette and Hart, JJ., concur; Brown, J., dissents and votes to dismiss the complaint on the merits.

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