
    Ernst H. Pirkner, Appellant, v. Great Atlantic & Pacific Tea Company, Respondent.
    Supreme Court, Appellate Term, First Department,
    April 21, 1939.
    
      Leo D. Politzer [Morris Pottish of counsel], for the appellant.
    
      E. C. Sherwood [Richard J. Relyea of counsel], for the respondent.
   Per Curiam.

As the order appealed from is a mere ruling of the trial court it is not appealable. (Kramer v. United States F. & G. Co., 212 App. Div. 644.) Subdivision 7 of section 154 of the Municipal Court Code, providing for appeal by permission from any other order than those specifically appealable under said section, does not warrant an appeal by permission from a mere ruling on the trial.

Appeal dismissed and cause remitted to the court below for trial.

All concur. Present — McCook, Hammer and Franken-THALER, JJ.  