Kaufman v. Abrams — 90 N.Y.S. 1068

Majority

p. 1068

KAUFMAN v. ABRAMS.

(Supreme Court, Appellate Term.

December 7, 1904.)

Headnote

1. Sufficiency of Evidence—Opinions—Failure to Object to Qualification of Witness.

Objection not having been made to the qualification o£ a witness who gave opinion evidence on value, the sufficiency of the evidence on the ground that he was not qualified may not be questioned.

Appeal from Municipal Court, Borough of Manhattan, Thirteenth District.

Action by Samuel Kaufman against Harris Abrams. From a judgment for defendant on his counterclaim, plaintiff appeals.

Affirmed.

Argued before FREEDMAN, P. J., and BISCHOFF and GILDERSDEEVE, JJ.

Grauer & Rathkopf, for appellant.

Max Schleimer, for respondent.

Upon the evidence given for and against the allowance of the items claimed by these parties as against each other, the judgment for the defendant upon the counterclaim is found to be supported in the amount allowed. The dispute involved a mere question of credibility of interested witnesses, and the matter of values was based upon opinion evidence, which, while it might have been made stronger had objection to the witness’ qualifications been taken, was sufficient in the absence of objection at the trial.

Judgment affirmed, with costs.