Dornbush v. Yockel — 60 N.Y.S. 466

Majority

p. 466

DORNBUSH v. YOCKEL.

(Supreme Court, Appellate Term.

October 25, 1899.)

Headnote

Appeal—Municipal Courts—Sufficiency of Evidence.

A judgment on conflicting evidence will be sustained, where there is ample testimony to sustain it, and it does not appear that injustice has been done.

Appeal from municipal court, borough of Manhattan, Tenth district.

Action by Charles E. Dornbush against J. Henry Yockel. Judgment for plaintiff, and defendant appeals.

Affirmed.

Argued before FREEDMAN, P. J., and MacLEAN and LEVEN-TRITT, JJ.

Albert ,J. Wise, for appellant.

Samuel Libenthal, for respondent.

This action was brought to recover the sum of $147.75, as the value of extra labor done and materials furnished the defendant in excavating upon certain premises in this city. No objections were made and no exceptions taken to the introduction of the testimony upon the trial. The case presents a conflict of evidence upon a question of fact, and as there is ample proof to sustain the judgment, and it not appearing that injustice has been done, the judgment must be affirmed.

Judgment affirmed, with costs. All concur.