Diodato v. Rosetti

19 Misc. 2d 780, 195 N.Y.S.2d 865, 1959 N.Y. Misc. LEXIS 2929
CourtAppellate Terms of the Supreme Court of New York
DecidedOctober 2, 1959
StatusPublished

This text of 19 Misc. 2d 780 (Diodato v. Rosetti) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diodato v. Rosetti, 19 Misc. 2d 780, 195 N.Y.S.2d 865, 1959 N.Y. Misc. LEXIS 2929 (N.Y. Ct. App. 1959).

Opinion

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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Bluebook (online)
19 Misc. 2d 780, 195 N.Y.S.2d 865, 1959 N.Y. Misc. LEXIS 2929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diodato-v-rosetti-nyappterm-1959.