
    WETTERER, Respondent, v. SOUBIROUS, Appellant.
    (Supreme Court, Appellate Term,
    February 28, 1898.)
    Action by William Wetterer, landlord, against Andrew Soubirous, tenant.
    Horace A. Davis, for appellant.
    Rose & Putzel, for respondent.
   PER CURIAM.

This is an appeal from a final order made in summary proceedings to recover possession of the house and premises known as No. 294 Sixth, avenue in the city of New York for nonpayment of one month’s rent, which it is alleged became payable on the 1st day of March, 1896. The defense was a general denial, eviction, and that the alleged transfer of title by one Gerson Siegel to the respondent was fraudulent and void. Summary proceedings theretofore brought to recover possession of the premises in question for nonpayment of the rent due November 1, 1895, resulted in favor of the above-named respondent; but in the proceedings had for nonpayment of the January, 1896, rent, the jury rendered a verdict in favor of the above-named appellant. Although the judgment roll in each proceeding was admitted in evidence, the return is barren of either the original record of the judgments or a copy thereof. The judgment roll in the first-mentioned proceeding was submitted to us when the appeal from the final order therein was argued (49 N. Y. Supp. 1043), but in the absence of the record of the other proceeding we are unable to determine whether the judgment therein is res judicata. The brief submitted by the appellant’s counsel has no application whatever to the case at bar, it relating solely to the proceedings had for the rent of February, 1896, and not the following month, for which these proceedings were instituted. For these reasons a re-argument must be ordered, the return to be amended meanwhile.  