Matter of Zuckman v. Donohue

New York Court of Appeals August 20, 1948

Matter of Zuckman v. Donohue, 81 N.E.2d 371 (N.Y. 1948)

298 N.Y. 627; 1948 N.Y. LEXIS 1200

Loughbán, Lewis, Conwat, Dte, Desmond, Fuld, Prac, Act, Thacher

Opinion of the Court

Order affirmed, without costs; no opinion.

Concur: LoughbáN, Ch. J., Lewis, Conwat and Dte, JJ. DesmoNd and Fuld, JJ., dissent and vote to reinstate the order of Special Term in the following memorandum: “ The court, all agree, may review the facts and determine where the weight *629 of evidence lies (Civ. Prac. Act, §§ 440, 602, 605). We with the majority in that we believe that the weight of evidence favors the determination made at Special Term. Taking no part: Thacher, J.

Reference

Full Case Name: In the Matter of Morris Zuckman Et Al., Appellants, Against Thomas F. Donohue Et Al., Constituting the Board of Elections of Albany County, Respondents, and John J. Kiley Et Al., Respondents
Cited By: 14 cases
Status: Published