Levy v. Harlem — 66 N.Y.S. 1136

Majority

p. 1136

LEVY et al., Respondents, v. HARLEM, Appellant.

(Supreme Court, Appellate Term.

November 7, 1900.)

Headnote

Action by Julius Levy and others against Edward Harlem. From a judgment for plaintiffs, defendant appeals.

Affirmed.

Joseph Rosenzweig, for appellant. Hayes & Bitterman, for respondents.

The only conclusion which the evidence warrants as to compensation is that the plaintiffs were to receive $50. The witness Silverman alone testified as to the amount of the commissions, and he said that the plaintiffs were to get $50. There was no evidence which conflicts with his statement. As to jurisdiction, see Worthington v. Accident Co. (N. Y. App.) 58 N. E. 102 . The judgment is therefore modified by reducing it $100, and, as modified, is affirmed, without costs.