
    DE MICHELE, Respondent, v. TIMPANO, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    December 21, 1911.)
    Action by Alfonso De Michele against Michael Timpano.
   PER CURIAM.

As the testimony of the defendant in relation to his counterclaim for $45 for money paid for water rates at the request of plaintiff’s assignor was not controverted, the trial court should have allowed this counterclaim of $45. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, unless plaintiff stipulate within 20 days to reduce the judgment to the sum of $226.75, in which case the judgment, as so reduced, is affirmed, without costs of this appeal.  