Lynes v. Hickey — 24 N.Y.S. 731

Majority

p. 731

(4 Misc. Rep. 522.)

LYNES v. HICKEY.

(Common Pleas of New York City and County, General Term.

August 9, 1893.)

Headnote

Review on Appeal—Weight of Evidence.

The decision of a justice of the district court on the facts in a case will not be interfered with on appeal unless the evidence is so convincing as to clearly indicate that there was a mistake on his part; that he. was influenced by bias, passion, prejudice, or corruption; or that he neglected to deliberate on the whole testimony presented.

Appeal from eighth district court.

Action by Isabella B. Lynes against William Hickey. Prom a. judgment for plaintiff, defendant appeals.

Affirmed. '

Argued before BISCHOFP and GIEGEBICH, JJ. '

James P. Campbell, for appellant.

James F. Higgins, for respondent.

This action was brought to recover rent, under a written lease, of a portion of the premises known as “Ho. 381 Sixth Avenue,” in this city. The defendant claims to' have been evicted therefrom by the act of the plaintiff, but, as there is a conflict of evidence in respect of the matters which are claimed to constitute the eviction, we will not interfere with the judgment of the justice, unless the evidence is of such a convincing character as to clearly indicate that there was a mistake on the part of the justice, or that he had been influenced by bias, passion, prejudice, or corruption, or that he had manifestly neglected to deliberate upon the whole testimony. Schwartz v. Wechler, (Com. Pl. N. Y.) 2 Misc. Rep. 67 , 20 N. Y. Supp. 861 , and cases cited. We are satisfied, after a most careful examination of the record, that the evidence in this cause does not lead to such a conclusion. The reversal of the judgment is sought solely upon the facts, and, as we cannot discover any ground for disturbing the justice’s determination thereof, the judgment should be affirmed, with costs.