Majority
p. 862Erie County Board of Social Welfare, Appellant, v. Robert Truesdale, Respondent.
The complainant’s testimony made out a prima facie ease and it was erroneous to dismiss the case as a matter of law upon the defendant’s motion at the close of the plaintiff’s ease. There may have been some inconsistency in the complainant’s testimony but this presented a question of fact, to be passed upon by the court at the conclusion of the whole case after the defendant had rested (cf.
p. 863
Kazansky v. Bergman, 4 A D 2d 79 ; Matter of Conway v. Crosby, 272 App. Div. 868 ; Commissioner of Public Welfare of the City of New York v. Arvay, 241 App. Div. 691 ). (Appeal by complainant from order of Brie County Children’s Court dismissing the complaint in a paternity proceeding.) Present — Williams, P. J., Bastow, Goldman, Halpern and MeClusky, JJ.
Cases cited
- Kazansky v. Bergman 4 A D 2d 79 p. 863