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Adolff v. Molia

86 N.Y.S. 1128 Court N.Y. App. Term Decision date 1904-01-25 English

Delivered by DAVIS, J.

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p. 1128
ADOLFF, Appellant, v. MOLIA, Respondent.
(Supreme Court, Appellate Term.
January 25, 1904.)

Headnote

Action by August Adolff against Louis Molia. Prom a judgment of the Municipal Court for defendant, plaintiff appeals. Affirmed. Lewkowitz & Schaap, for appellant. G. L. P. Rohan, for respondent.

The action is brought to recover a balance of $124.09 claimed to be due for work, labor, and services, and materials furnished. The answer was in effect a general denial, and contained a counterclaim for $225 for breach of contract and improper performance of the work. The questions litigated were questions purely of fact, as to which there was conflicting evidence. There was sufficient evidence to sustain the decision of the Justice presiding at the trial below, and I see no reason why the judgment should be interfered with. Judgment affirmed, with costs. All concur.