
    FLOCKS v. SCHLANG et al.
    (Supreme Court, Appellate Term.
    March 5, 1908.)
    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.]
    Appeal of Municipal Court, Borough of the Bronx, Second District.
    Action by Morris Flocks against Aaron Schlang and another. From a judgment for plaintiff, defendants appeal. Affirmed.
    Argued before GILDERSLEEVE, P. J., and BISCHOFF and MacLEAN, JJ.
    Abraham Levy, for appellant.
    Boudin & Liebman, for respondent.
   PER CURIAM.

The 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.

Judgment affirmed, with costs.

BISCHOFF, J., concurs in result.  