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DIODATO v. ROSETTI

19 Misc.2d 780 (1959)

Alfred Diodato, Respondent, v. Thomas E. Rosetti, as Property Clerk of Police Department of the City of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

October 2, 1959.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Robert L. Ellis of counsel), for appellant.

Leon Washor for respondent.

PETTE and HART, JJ., concur; BROWN, J., dissents and votes to dismiss the complaint on the merits.

Per Curiam.

The 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.

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

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