Opinion
February 11, 1971
Appeal from a judgment of the Supreme Court, Greene County, in favor of plaintiffs, entered July 5, 1963, fixing the westerly and southerly boundaries of property conveyed by plaintiffs to defendant and his wife. On October 8, 1949 plaintiffs entered into an agreement where they were to convey to defendant and his wife 100 acres of land situated on Green Lake Road in the Town of Coxsackie, Greene County, New York. Some years after the recording, on October 25, 1949, of a deed conveying the property, a dispute arose between the parties as to the exact location of the southerly and westerly boundaries. After a trial the Official Referee resolved these differences in favor of the plaintiffs and established the boundaries as contended by them. Defendant maintains that the decision was arbitrary, capricious and against the weight of evidence. With this contention we do not agree. Although there are many discrepancies and conflicts in the testimony, these were for the Referee to resolve, as was the question of credibility. It was the Referee who saw and heard the various witnesses. (See 7 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 5501.20.) There is, in our opinion, sufficient evidence in the record to support his findings and determination. Since they are not against the weight of the credible evidence, nor contrary to the law, we should not disturb them. ( Mason v. Lory Dress Co., 277 App. Div. 660, 663.) Judgment affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Cooke and Sweeney, JJ., concur.