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19 Misc. 2d 780

Diodato v. Rosetti

Appellate Terms of the Supreme Court of New York · decided 1959-10-02

Decided 1959-10-02

Per Curiam.

¶1The 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.

¶2The judgment should be reversed on the law and facts and a new trial ordered, with $30 costs to defendant to abide the event.

¶3Pette and Hart, JJ., concur; Brown, J., dissents and votes to dismiss the complaint on the merits.

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