Einhorn v. West 67th Street Garage, Inc.

Clarke, P. J. (dissenting):

The trial was before a justice of the Municipal Court without a jury. At the close of the whole case he gave judgment for the defendant and dismissed the complaint. A question of fact was presented for the determination of the trial court. He believed the witnesses for the defendant and resolved all inferences and presumptions in its favor. I cannot say that his determination was against the weight of evidence and I vote to reverse and reinstate the judgment.