# Erie County Board of Social Welfare v. Truesdale

> Appellate Division of the Supreme Court of the State of New York · February 15, 1962 · 15 A.D.2d 862

URL: https://www.frixlaw.com/law-library/cases/5736467

## Case

- **Full name:** Erie County Board of Social Welfare v. Robert Truesdale
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 15, 1962
- **Citations:** 15 A.D.2d 862; 224 N.Y.S.2d 726; 1962 N.Y. App. Div. LEXIS 11522
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5736467

## Opinion text

Memorandum:
The complainant’s testimony made out a prima facie ease and it was erroneous to dismiss the case as a matter of law upon the defendant’s motion at the close of the plaintiff’s ease. There may have been some inconsistency in the complainant’s testimony but this presented a question of fact, to be passed upon by the court at the conclusion of the whole case after the defendant had rested (cf. *863 Kazansky v. Bergman, 4 A D 2d 79; Matter of Conway v. Crosby, 272 App. Div. 868 ; Commissioner of Public Welfare of the City of New York v. Arvay, 241 App. Div. 691 ). (Appeal by complainant from order of Brie County Children’s Court dismissing the complaint in a paternity proceeding.) Present — Williams, P. J., Bastow, Goldman, Halpern and MeClusky, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5736467. Public record. Not legal advice.