FERNANDEZ v. JORDAN


34 A.D.2d 518 (1970)

Jose R. Fernandez et al., Infants, by Jose Fernandez, Their Parent, et al., Appellants, v. Clarence Jordan, Defendant, and Enter Service Corp., Respondent

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

March 10, 1970


Judgment for defendant-respondent, dismissing the complaint, entered October 25, 1968, after trial before the court without a jury, affirmed without costs and without disbursements.

As the dissent concedes, "ordinarily the decision of the trial court on the matter of the credibility of the witnesses will be given the greatest weight." There is no reason here to depart from the ordinary. While it is true that the Trial Justice was not precisely restrained in his forthright...

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