
    GOTTLIEB v. PECK & MACK CO.
    (Supreme Court, Appellate Term.
    November 30, 1909.)
    Courts (§ 189*)—Municipal Courts—Judgment on Pleadings.
    The New York Municipal Court has no power to grant judgment on the pleadings, where the complaint states a cause of action.
    [Ed. Note.—For other cases, see Courts, Cent. Dig. § 409; Dec. Dig. § 189.*]
    *For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    Appeal from Municipal Court, Borough of Manhattan, Seventh District.
    Action by Oscar Gottlieb against the Péck & Mack Company. From a judgment dismissing the complaint, plaintiff appeals.
    Reversed, and new trial ordered.
    Argued before GILDERSLEEVE, P. J., and SEABURY and _ LEHMAN, JJ.
    I. L. Broadwin, for appellant.
    Franklin Bien, for respondent.
   PER CURIAM.

It seems to us that the complaint states a good cause of action. The proof of plaintiff’s cáse depends upon the question whether the record of the earlier trial will show that the jury made an allowance of $217- upon the offer of the defendant to return goods of that value. Where the complaint states a cause of action, the Municipal Court has no power to grant judgment on the pleadings and to deprive the plaintiff of his right to a trial.

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