Goldenson v. Lawrence

Decided October 15, 1892

City of New York Municipal Court · decided 1892-10-15

<p>Where on appeal from an order, resettling a former order, the facts are disputed, the certificate of the judge who granted the order, as to what. occurred before him, is conclusive.</p>

Cited by 6 later decisions — most recently April 1968

6 state decisions

Relies on New York Rubber Co. v. . Rothery

Good law ✅— No negative treatment on recordhow we know

Decided 1892-10-15

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Ehrlich, Ch. J.

¶1Where the facts are undisputed, the court on appeal may direct the resettlement of a case or order to conform to the facts. New York, Rubber Co. v. Rothery, 112 N. Y. 592; Second Appeal, 119 id. 633; Gleason v. Smith, 34 Hun, 547; Healey v. Terry, 26 N. Y. St. Repr. 929.

¶2But here the facts are disputed. The certificate of the judge as to what occurred before him must be accepted as conclusive. Green v. Shute, 26 N. Y. St. Repr. 114; Healey v. Terry, 26 id. 929. This rule applies to the present contention (Smith v. Grant, 11 Civ. Proc. Rep. 354), and requires that the order appealed from must be affirmed with costs.

¶3Van Wyck and McCarthy, JJ, concur.

¶4Order affirmed.