
    Abraham Miller, Appellant, v. Leonora La Guerta, Respondent.
    Supreme Court, Appellate Term, Second Department,
    May 26, 1959.
    
      Michael Lifschuts for appellant.
    No appearance for respondent.^
   Per Curiam.

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $10 costs to the plaintiff to abide the event. Appeal from decision dismissed. No appeal lies therefrom (N. Y. City Mun. Ct. Code, § 154).

The defense predicated on the claim of plaintiff’s nonperformance was not fully developed at the trial.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.  