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Risk v. Uffelman

28 N.Y.S. 1138 Court N.Y.C.P. Decision date 1894-04-02 English

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p. 1138
RISK, Respondent, v. UFFELMAN et al., Appellants.
(Common Pleas of New York City and County, General Term.
April 2, 1894.)

Headnote

Action by William Risk against Richard Uffelman and others. Appellants move for leave to appeal to the court of appeals.
U. W. Tompkins, for appellants.
Jas. R. Angel, for respondent.

The very exhaustive opinion delivered upon the affirmance of the judgment appealed from leaves no room for doubting its measure of exact justice. 27 N. Y. Supp. 392 . The flagrant—almost criminal—abuse of judicial process, upon which the judgment is founded, does not commend the appellants to favorable consideration, in so far as their present motion is addressed Jo the discretion of the court; but the judgment is mainly predicated on a conflict of evidence, and the questions of law involved are not of so novel or intricate a character that we feel justified in remitting them to the attention of the court of appeals, and for those reasons we deny the motion. Motion denied, with $10 costs.