Appellate Terms of the Supreme Court of New York, 1899

Dornbush v. Yookel

Dornbush v. Yookel
Appellate Terms of the Supreme Court of New York · Decided October 15, 1899 · Freedman
29 Misc. 743; 60 N.Y.S. 466

Counsel

Albert J. Wise, for appellant., Samuel Lilienthal, for respondent.

Dornbush v. Yookel

Opinion of the Court

Freedman, P. J.

This action was brought to recover the sum of $147.75, as the value of extra labor done and materials furnished the defendant in excavating upon certain premises in the city.

Ho objections were made and no exceptions taken to the introduction of the testimony upon the trial. The case presents a conflict of evidence upon a question of fact, and as there is ample proof to sustain the judgment, and it not appearing that injustice has been done, the judgment must be affirmed.

MaoLean and Leventritt, JJ., concur.

Judgment affirmed, with costs.

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