
    Nina H. Dearing, Resp’t, v. Alma Y. Pearson, App’lt.
    
      (City Court of New York, General Term,
    
    
      Filed November 27, 1893.)
    
    Appeal—Case—Settlement.
    The action of the trial justice in settling a case on appeal, upon conflicting affidavits as to the facts cannot he reviewed.
    Appeal from order denying motion for a resettlement of a proposed amendment to a case on appeal.
    
      Smith, Bowman & Close, for app’lt; David Leventritt, for resp’t.
   Newburger, J.

This is an appeal from an order made by the trial justice herein, denying the defendant’s motion for a resettlement of a proposed amendment to the case of appeal from the judgment.

This court held in Greene v. Shute, 26 St. Rep., 114, that the action of the trial justice in settling á case on appeal cannot be reviewed where there is a dispute as to the facts.

In this case it appears that there were a number of conflicting affidavits as to the facts and the trial justice determined it.

The order must, therefore, be affirmed, with costs.

Van Wyck and McCarthy, JJ., concur.  