Balz v. Shaw

Ehrlich, Ch. J. The orde.r appealed from having, been made by the trial judge,' we think we must, in view of the facts, accept his certification as conclusive■ thereon. Todo [445] otherwise would be to substitute our opinion for his knowledge. There was a dispute as to what occurred, and the -trial judge determined it. Green v. Shute, 7 N. Y. Supp. 69; Dearing v. Pearson, 6 Misc. Rep. 616; 26 N. Y. Supp. 74 ; 8 Misc. Rep. 270 ; 28 N. Y. Supp. 715. For these reasons the order appealed from must be affirmed, with costs. Newburger, J., concurs. Order affirmed, with costs.