FOUSSADIER v. BARTOLO


13 Misc.2d 461 (1958)

Claire H. Foussadier, Respondent, v. Carmine Bartolo, Appellant.

Supreme Court, Appellate Term, First Department.

June 26, 1958.


Attorney(s) appearing for the Case

Robert Hill Nix and Paul A. Crouch for appellant.

Gerard M. Weisberg for respondent.

AURELIO, J., concurs with HOFSTADTER, J.; STEUER, J. P., dissents in opinion.


SAMUEL H. HOFSTADTER, J.

In view of the dissenting opinion, an opinion by the majority seems indicated, restricted to the present record.

It is the function of the trial court to explore and find the facts. We may not, in the proper exercise of our limited power of review of the facts, retry the case. That an appellate court would have reached a different result on the facts is not a valid ground for...

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