Manaher v. Hoffman

Appellate Division of the Supreme Court of New York

Manaher v. Hoffman

256 A.D.2d 1165, 683 N.Y.S.2d 443, 1998 N.Y. App. Div. LEXIS 14294

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 31, 1998

StatusPublished

This text of 256 A.D.2d 1165 (Manaher v. Hoffman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manaher v. Hoffman, 256 A.D.2d 1165, 683 N.Y.S.2d 443, 1998 N.Y. App. Div. LEXIS 14294 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed with costs. Memorandum: Defendant appeals from a judgment entered following a bench trial awarding plaintiff damages of $2,843.20, representing the unpaid balance for black cherry trees removed from plaintiff’s land pursuant to the parties’ timber sale contract. We reject defendant’s contention that the decision is contrary to the weight of the evidence (see generally, Thoreson v Penthouse Intl., 179 AD2d 29, 31, affd 80 NY2d 490, rearg denied 81 NY2d 835). Pursuant to the contract, defendant agreed to pay for the timber that was removed from plaintiff’s land. Thus, Supreme Court properly relied on the testimony of plaintiff’s forestry appraiser regarding his measurements of the amount of that timber. Contrary to defendant’s contention, the testimony of defendant’s witness regarding measurements taken only of the timber ultimately purchased by the lumber company is not probative of the amount of timber actually removed from plaintiff’s property. (Appeal from Judgment of Supreme Court, Cattaraugus County, Nenno, J. — Contract.) Present — Denman, P. J., Green, Hayes, Balio and Boehm, JJ.

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—Judgment unanimously affirmed with costs. Memorandum: Defendant appeals from a judgment entered following a bench trial awarding plaintiff damages of $2,843.20, representing the unpaid balance for black cherry trees removed from plaintiff’s land pursuant to the parties’ timber sale contract. We reject defendant’s contention that the decision is contrary to the weight of the evidence (see generally, Thoreson v Penthouse Intl., 179 AD2d 29, 31, affd 80 NY2d 490, rearg denied 81 NY2d 835). Pursuant to the contract, defendant agreed to pay for the timber that was removed from plaintiff’s land. Thus, Supreme Court properly relied on the testimony of plaintiff’s forestry appraiser regarding his measurements of the amount of that timber. Contrary to defendant’s contention, the testimony of defendant’s witness regarding measurements taken only of the timber ultimately purchased by the lumber company is not probative of the amount of timber actually removed from plaintiff’s property. (Appeal from Judgment of Supreme Court, Cattaraugus County, Nenno, J. — Contract.) Present — Denman, P. J., Green, Hayes, Balio and Boehm, JJ.

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Bluebook (online)

256 A.D.2d 1165, 683 N.Y.S.2d 443, 1998 N.Y. App. Div. LEXIS 14294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manaher-v-hoffman-nyappdiv-1998.

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