
    Louis Steiner, Respondent, v. Morris Block, Appellant.
    Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court, first district, borough of Manhattan.
    Elias G. Levy, for appellant.
    Horwitz & Samuels, for respondent.
   Per Curiam.

The jurisdiction of the court below appearing neither by averment nor by evidence in the return, the judgment must be reversed. Frees v. Ford, 6 N. Y. 176; Gilbert v. York, 111 id. 544.

Present: Freedman, P. J.; MacLean and Leventritt, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  