¶1Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that neither on pleading nor proof is action within the purview of section 139 of the Municipal Court Act. Jenks, Gaynor, Burr and Rich, JJ., concurred; Hirschberg, P. J., dissented.
134 A.D. 939
Rom v. Wallach
Decided October 15, 1909
Decided 1909-10-15