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Matter of Linda v. James

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1976
52 A.D.2d 607 (N.Y. App. Div. 1976)

Opinion

April 12, 1976


In a paternity proceeding, petitioner appeals from an order of the Family Court, Kings County, dated December 5, 1974, which, after a nonjury trial, dismissed the petition. Order affirmed, without costs or disbursements. In view of the sharp conflict in the testimony over nearly every aspect of this case, and especially with regard to the nature and extent of the underlying relationship between the parties, the credibility of the witnesses was crucial. On this record we would not be justified in substituting our judgment for that of the Trial Judge, who had the advantage of seeing and hearing the witnesses (see People v Kelly, 20 A.D.2d 740; see, also, Matter of Powell v Anonymous, 18 A.D.2d 911). Hopkins, Acting P.J., Martuscello, Latham, Shapiro and Hawkins, JJ., concur.


Summaries of

Matter of Linda v. James

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1976
52 A.D.2d 607 (N.Y. App. Div. 1976)
Case details for

Matter of Linda v. James

Case Details

Full title:In the Matter of LINDA S. (ANONYMOUS), Appellant, v. JAMES G. (ANONYMOUS)…

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

Date published: Apr 12, 1976

Citations

52 A.D.2d 607 (N.Y. App. Div. 1976)

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