Flocks v. Schlang

Appellate Terms of the Supreme Court of New York

Decided March 5, 1908

Appellate Terms of the Supreme Court of New York · decided 1908-03-05

Appeal—Review—Findings op Court—Conflicting Evidence. A judgment will be affirmed on appeal where it depends on a disputed issue of fact, determined by the trial judge’s acceptance of plaintiff’s testimony, though not wholly probable. [Ed. Note.—For eases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3983-3989.]

Decided 1908-03-05

PER CURIAM.

¶1The judgment will be affirmed, depending, as it does, upon a sharply disputed issue of fact, determined by the learned trial justice through acceptance of a not wholly probable story of the plaintiff.

¶2Judgment affirmed, with costs.

¶3BISCHOFF, J., concurs in result.