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Lynes v. Hickey

54 N.Y. St. Rep. 120 Court N.Y.C.P. Decision date 1893-08-09 English

Delivered by Giegerich, J.

Contents

Majority

p. 120
Isabella B. Lynes, Resp’t, v. William Hickey, App’lt.
(New York Common Pleas, General Term,
Filed August 9, 1893.)

Headnote

Appeal—Decision rbndebed on conflicting evidence.
Where the evidence was conflicting, the appellate court will not inter
p. 121
fere with the judgment of the justice unless the evidence was of such convincing character as to clearly indicate that there was a mistake on the part of the justice, or that he was influenced by bias, passion, prejudice or corruption, or manifestly neglected to deliberate upon the whole testimony.
Appeal by the defendant from a judgment of the district court in the city of Hew York for the eighth judicial district., rendered upon a trial before the justice thereof, without a jury. The nature of the action and the facts are sufficiently stated in the opinion.
James P. Campbell, for app’lt; James F. Higgins, for resp’t.

This action was brought to recover rent, under a written lease, of a portion of the premises known as Ho. 381 Sixth avenue, in this city. The defendant claims to have been evicted therefrom by the act of the plaintiff, but, as there is a conflict of evidence in respect of the matters which are claimed to constitute the eviction, we will not interfere with the judgment-of the justice unless the evidence is of such a convincing character as to clearly indicate that there was a mistake on the part of the justice, or that he had been influenced by bias, passion, prejudice or corruption, or that he had manifestly neglected to deliberate upon the whole testimony. Schwartz v. Wechler, 2 Misc., 67 ; 23 Civ. Pro., 21; 20 N. Y. Supp., 861 ; 49 St. Rep., 145 , and cases cited.

We are satisfied, after a most careful examination of the record,, that the evidence in this cause does not lead to such a conclusion. The reversal of the judgment is sought solely upon the facts, and as we cannot discover any ground for disturbing the justice’s determination thereof, the judgment should be affirmed, with costs.

Bischoff, J., concurs.