Finck v. Baker — 69 N.Y.S. 1134

Majority

p. 1134

FINCK, Appellant, v. BAKER, Respondent.

(Supreme Court, Appellate Term.

April 8, 1901.)

Headnote

Action by John Finck against HymanD. Baker. From a judgment of the New York municipal court in favor of defendant, plaintiff appeals.

Affirmed.

William H. Bronk, for appellant. '

Kantrowitz & Esberg, for respondent.

The record does not present a case .justifying a review of the evidence under section 3063 of the Code. On a straightforward conflict of fact, the justice below has given credence to the defendant’s story. His decision should stand. Judgment affirmed, with •costs.