Commissioner of Welfare v. Wiener

Appellate Division of the Supreme Court of New York

Commissioner of Welfare v. Wiener

15 A.D.2d 744, 224 N.Y.S.2d 154, 1962 N.Y. App. Div. LEXIS 11665

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 1962·Published·Cited by 1 cases

Opinion

Concur—Breitel, J. P., Rabin and Eager, JJ.; Valente and McNally, JJ., dissent and vote to affirm in the following memorandum: We vote for affirmance. The test laid down for proceedings of this character is that the evidence must be “ entirely satisfactory ”. [745] We are of the opinion that the evidence in this record meets that test. Essentially, we are concerned with an issue of credibility. The unusual circumstances under which the alleged loan was made to the complainant by the defendant more than warranted the triers of the fact to believe the complainant and disbelieve the defendant. Settle order on notice.

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Concur—Breitel, J. P., Rabin and Eager, JJ.; Valente and McNally, JJ., dissent and vote to affirm in the following memorandum: We vote for affirmance. The test laid down for proceedings of this character is that the evidence must be “ entirely satisfactory ”. [745] We are of the opinion that the evidence in this record meets that test. Essentially, we are concerned with an issue of credibility. The unusual circumstances under which the alleged loan was made to the complainant by the defendant more than warranted the triers of the fact to believe the complainant and disbelieve the defendant. Settle order on notice.

Commissioner of Welfare v. Wiener, 15 A.D.2d 744, 224 N.Y.S.2d 154, 1962 N.Y. App. Div. LEXIS 11665 (N.Y. Ct. App. 1962).

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Opinion

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