
    D. Alper Co., Inc., Respondent, v. Harry Fields, Appellant, et al., Defendants.
    Supreme Court, Appellate Term, Second Department,
    November 18, 1943.
    
      Samuel Schnapp for appellant.
    
      Harry Cohen for respondent.
   Memorándum

Per Curiam.

Appeal from decision dismissed. No appeal lies therefrom. (N. Y. City Mun. Ct. Code, § 154; L. 1915, ch. 279, as amd.) Appeal from judgment dismissed,the appeal not having been taken in time (N. Y. City Mun. Ct. Code, § 156). Order denying motion of the defendant Fields to vacate the judgment and for a new trial unanimously reversed upon the law, with ten dollars costs to the defendant Fields, and motion granted.

The trial court, having rendered a decision in favor of the appellant, was without power to set that aside and to render a decision against him. (Prospect Coal Co. v. Weitzman, No. 941, October, 1930, Term.)

MacCrate, McCooet and Steinbrink, JJ., concur.  