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Zuckman v. Donohue

298 N.Y. 627 Court N.Y. Decision date 1948-08-20 English

Judges Concur: LoughbáN, Ch. J., Lewis, Conwat and Dte, JJ. DesmoNd and Fuld, JJ., dissent and vote to reinstate the order of Special Term in the following memorandum: “ The court, all agree, may review the facts and determine where the weight of evidence lies (Civ. Prac. Act, §§ 440, 602, 605). We with the majority in that we believe that the weight of evidence favors the determination made at Special Term. Taking no part: Thacher, J.

Contents

Majority

p. 627
In the Matter of Morris et al, Appellants, against Thomas F. et al., Constituting the Board of Elections of Albany County, Respondents, and John J. Kiley et al., Respondents.
Argued August 20, 1948;
decided August 20, 1948.
p. 628
Milton H. Friedman, Morris Zuckman and Sidney Fox for appellants.
Daniel H. Prior for respondents.

Order affirmed, without costs; no opinion.

Concur: LoughbáN, Ch. J., Lewis, Conwat and Dte, JJ. DesmoNd and Fuld, JJ., dissent and vote to reinstate the order of Special Term in the following memorandum: “ The court, all agree, may review the facts and determine where the weight

p. 629
of evidence lies (Civ. Prac. Act, §§ 440, 602, 605). We with the majority in that we believe that the weight of evidence favors the determination made at Special Term. Taking no part: Thacher, J.