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Bates v. Bates

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1948
274 App. Div. 834 (N.Y. App. Div. 1948)

Opinion

July 7, 1948.

Appeal from Supreme Court, County of Clinton.

Present — Hill, P.J., Heffernan, Brewster, Russell and Deyo, JJ.


The plaintiff's evidence, which was not incredible as a matter of law, amply supports the decision of the referee and the judgment granted thereon. The trier of the facts believed this evidence and his findings may not be disturbed. ( Boyd v. Boyd, 252 N.Y. 422.) There is no credible evidence to indicate that the court erred in granting custody of the children to the plaintiff. However, that is a matter which may again be considered if the circumstances warrant. Judgment affirmed, without costs. Judgment unanimously affirmed, without costs.


Summaries of

Bates v. Bates

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1948
274 App. Div. 834 (N.Y. App. Div. 1948)
Case details for

Bates v. Bates

Case Details

Full title:ROY K. BATES, Respondent, v. MARION BATES, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 7, 1948

Citations

274 App. Div. 834 (N.Y. App. Div. 1948)