Opinion
October 2, 1959
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, JAMES W. FEELEY, J.
Charles H. Tenney, Corporation Counsel ( Robert L. Ellis of counsel), for appellant.
Leon Washor for respondent.
The decision of the trial court was against the weight of the credible evidence. Moreover, it was error to exclude evidence of the convictions of plaintiff and his principal witness for the crime of book-making.
The judgment should be reversed on the law and facts and a new trial ordered, with $30 costs to defendant to abide the event.
PETTE and HART, JJ., concur; BROWN, J., dissents and votes to dismiss the complaint on the merits.