Commissioner of Welfare of City v. Davis

Full title: COMMISSIONER OF WELFARE OF THE CITY OF NEW YORK on Complaint of ANNA…

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

Date published: Apr 13, 1942

264 App. Div. 727 (N.Y. App. Div. 1942)

Opinion

April 13, 1942.

Appeal from Court of Special Sessions of the City of New York.

In our opinion, the evidence introduced on behalf of the respondent does not meet the test required by law. ( Commissioner of Public Welfare, City of N.Y., v. Kotel, 256 App. Div. 352; Drummond v. Dolan, 155 id. 449.)

Lazansky, P.J., Hagarty and Taylor, JJ., concur;

Carswell and Adel, JJ., dissent and vote to affirm, with the following memorandum:

The prior inconsistent statements of the complainant urged against her credibility, as the circumstances on each occasion indicate, were of the "white lie" variety. It was for the triers of the fact so to appraise them and to credit her testimony. Their findings may not properly be disturbed, under Boyd v. Boyd ( 252 N.Y. 422).