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Pascarela v. Manello

61 N.Y.S. 838 Court N.Y. App. Term Decision date 1899-12-28 English

Delivered by FREEDMAN, P. J.

Contents

Majority

p. 838
PASCARELA v. MANELLO.
(Supreme Court, Appellate Term.
December 28, 1899.)

Headnote

Appeal—Affirmance.
A judgment will be affirmed on appeal, where the record discloses a conflict of evidence on a disputed question of fact, and it does not appear that any objections were made or exceptions taken to the reception or rejection of evidence by the trial court, or that injustice has been done.
Appeal from municipal court, borough of Manhattan, Second district.
Action by Ludivico Pascarela against Angello Manello. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
Argued before FREEDMAN, P. J., and MacLEAN and LEVENTRITT, JJ.
George C. D’Arcy, for appellant.
Rowan & Creedon, for respondent Italian Emigrant Aid Soc.

The record in this case discloses nothing but a conflict of evidence upon a disputed question of fact. No" objections were made nor exceptions taken to the reception or exclusion of any of the testimony, nor does it appear that injustice has been done. The judgment must therefore be affirmed.

Judgment affirmed, with costs. All concur.