MATTER OF HELLER v. MOSKOWITZ & LUPOWITZ


28 A.D.2d 581 (1967)

In the Matter of the Claim of Hyman Heller, Respondent, v. Moskowitz & Lupowitz et al., Appellants. Workmen's Compensation Board, Respondent

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

May 1, 1967


HERLIHY, J.

The sole issue upon this appeal is whether or not the testimony of the claimant is incredible as a matter of law. It is axiomatic that the question of credibility is a factual issue for the board. In the present case while another trier of the facts might find that the weight of the evidence favored appellants, nevertheless the claimant's version is substantial evidence which the board has elected...

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