Risk v. Uffelman — 58 N.Y. St. Rep. 389

Majority

p. 389

William Risk, Resp’t, v. Richard Uffelman et al., App’lts.

(New York Common Pleas, General Term,

Filed April 2, 1894.)

Headnote

Appeal—Leave to go to court oe appeals.

Where the judgment is mainly predicated of a conflict of evidence, and the questions of law involved are not of a novel or intricate character, leave to go the court of appeals will be denied.

Appellant’s motion for leave to appeal to the court of appeals.

Jas. R. Angel, for resp’fc; U. TV" Tompkins, for app’lts.

The very exhaustive opinion delivered upon the affirmance of the judgment appealed from leaves no room for doubting its measure of exact justice. Risk v. Uffelman, 27 N. Y. Supp. 392 ; 57 St. Rep. 102 . The flagrant, almost criminal, abuse of judicial process, upon which the judgment is founded, does not commend the appellants to favorable consideration in so far as their present motion is addressed to the discretion of the court. But the judgment is mainly predicated of a conflict of evidence and the questions of law involved are not of so novel or intricate a character that we feel justified in remitting them to the attention of the court of appeals, and for those reasons we deny the motion. Motion denied with $10 costs.