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Flocks v. Schlang

109 N.Y.S. 49 Court N.Y. App. Term Decision date 1908-03-05 English

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p. 49
FLOCKS v. SCHLANG et al.
(Supreme Court, Appellate Term.
March 5, 1908.)

Headnote

Appeal—Review—Findings op Court—Conflicting Evidence.
A judgment will be affirmed on appeal where it depends on a disputed issue of fact, determined by the trial judge’s acceptance of plaintiff’s testimony, though not wholly probable.
[Ed. Note.—For eases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3983-3989.]
Appeal of Municipal Court, Borough of the Bronx, Second District.
Action by Morris Flocks against Aaron Schlang and another. From a judgment for plaintiff, defendants appeal. Affirmed.
Argued before GILDERSLEEVE, P. J., and BISCHOFF and MacLEAN, JJ.
Abraham Levy, for appellant.
Boudin & Liebman, for respondent.

The judgment will be affirmed, depending, as it does, upon a sharply disputed issue of fact, determined by the learned trial justice through acceptance of a not wholly probable story of the plaintiff.

Judgment affirmed, with costs.

BISCHOFF, J., concurs in result.