COMM'R OF WELFARE OF CITY OF NEW YORK v. LISBOA


278 A.D. 796 (1951)

Commissioner of Welfare of the City of New York, Appellant, v. Jose Lisboa, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 1, 1951.


Order denying, by a divided court, complainant's application for an order of filiation reversed, without costs, and a new trial ordered. We think the determination is contrary to the weight of the evidence on the face of the record and under the circumstances a new trial should be ordered.

Van Voorhis, J., dissents and votes to affirm in the following memorandum:

The relationship between petitioner and the other members of defendant's family,...

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