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PEOPLE EX REL. SHERIDAN v. CURL

Appellate Division of the Supreme Court of New York, Second Department.
Jun 27, 1949

Order of filiation and order for support, entered after trial in the Nassau County Children's Court, reversed on the law and the facts, without costs, and a new trial ordered. In the main the evidence presented a choice of credibility between two witnesses and the choice should not have been influenced by an inconclusive and inadmissible blood-test report, which the trier stated was done. Furthermore, the finding is against the weight of evidence. Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ., concur.