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26 Misc. 839

Zanfretti v. Kenebel

Appellate Terms of the Supreme Court of New York · decided 1899-03-15

<p>Appeal from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of Eew York, borough of Manhattan, for the first district.</p>

Decided 1899-03-15

Leventritt, J.

¶1There is no question of law involved in this appeal. The appellant invokes a substitution of our judgment for that of the trial justice respecting the weight of evidence. The plaintiff's claim was established by convincing proof. To the extent that the defendant presented satisfactory evidence of his counterclaim, it was allowed and the plaintiff's recovery correspondingly reduced. The record disclosed only positive assertion, emphatic denial and direct contradiction.

¶2In that situation we cannot interfere, as the disposition of the issues was eminently just.

¶3Judgment must be affirmed.

¶4Fbeeuman, P. J., and MaoLean, J., concur.

¶5Judgment affirmed, with costs to respondent.

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