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Reilly v. McKeefrey

108 N.Y.S. 1011 Court N.Y. App. Term Decision date 1908-03-05 English

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p. 1011
REILLY v. McKEEFREY.
(Supreme Court, Appellate Term.
March 5, 1908.)

Headnote

Appeal—Review—Findings—Conclusiveness.
Findings on conflicting evidence will not be disturbed on appeal.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3983-3989.]
Appeal from Municipal Court, Borough of Manhattan, Tenth District.
Action by John J. Reilly against John McKeefrey. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.
Argued before GILDERSLEEVE, P. J., and BISCHOFF and MacLEAN, JJ.
James E. Smith, for appellant.
Purdy, Squire & Rowe, for respondent.

This court will not disturb the determination of facts arrived at- by the learned trial justice in this case, a hors' case—a determination resting upon conflicting testimony given by the seller and the buyer and their respective experts.

Judgment affirmed, with costs to the respondent.

GILDERSLEEVE, P. J., and MacLEAN, J., concur. BISCHOFF; J., concurs in the result.