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FOGLIA v. ROTHSCHILD

33 A.D.2d 784 (1969)

Richard Foglia, Respondent, v. Louis Rothschild, Appellant, et al., Defendants

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

December 15, 1969

Judgment affirmed, without costs.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment, dismiss the complaint and grant judgment to appellant on his counterclaim, with the following memorandum:

In my opinion, plaintiff's testimony was so bizarre and so contrary to ordinary, common-sense business practice that it must be rejected as incredible. At the very least it was insufficient to rebut the presumption of ownership in...

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