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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 6, 1962

StatusPublished

Cited by1 cases

This text of 15 A.D.2d 744 (Commissioner of Welfare v. Wiener) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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]*745We 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]*745We 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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Bluebook (online)

15 A.D.2d 744, 224 N.Y.S.2d 154, 1962 N.Y. App. Div. LEXIS 11665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-welfare-v-wiener-nyappdiv-1962.

Opinion

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