Legal Opinion

Elias v. Handler

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 1997PublishedCited by 1 opinion

1Opinion of the Court

—In an action, inter alia, to rescind the sale of an interest in a limited partnership on the basis of fraud, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Dowd, J.), dated October 2, 1995, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

“The evaluation of the credibility of witnesses and quality of proof can best be made by the trial court, which has direct access to the parties, and appellate courts afford such determinations great weight (see, Northern Westchester Professional Park Assocs. v Town of…

2Cases cited2 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Yasparro v. YasparroAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. Hamilton v. BlackwoodAppellate Division of the Supreme Court of the State of New York · 2011

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