Rosenberg v. Aldhaus
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Benjamin Rosenberg against Herbert Aldhaus. From a Municipal Court judgment in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtLehman, J.
The plaintiff sues for work, labor, and services. The defendant sets up a general denial and two counterclaims. The trial justice gave judgment for the plaintiff in the amount demanded in the complaint. The record disclosed a conflict of evidence, both upon the plaintiff’s claim and the defendant’s counterclaim. Numerically the plaintiff’s testimony was completely overborne by the witnesses produced by the defendant, but a careful examination of the record has convinced me that the trial justice could reasonably believe the plaintiff, and, in spite of the numerical preponderance of witnesses…
2Cases cited6 opinions
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Pinsker v. PinskerAppellate Division of the Supreme Court of the State of New York · 1899
- Mills v. EarlyAppellate Division of the Supreme Court of the State of New York · 1902
- Bellock v. WeitzerAppellate Division of the Supreme Court of the State of New York · 1911
- La Grange v. MerrittAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by3 opinions
- Schaffer v. FihrerAppellate Terms of the Supreme Court of New York · 1912
- Greenbaum v. GoldbergAppellate Terms of the Supreme Court of New York · 1918
- Hoffman v. Harry Greenberg Co.Appellate Terms of the Supreme Court of New York · 1919