
    SABERSKI v. KATZ.
    (Supreme Court, Appellate Term.
    May 27, 1909.)
    Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Rosa Saberski against Sam Katz. From a final order in plaintiff’s favor, defendant appeals.
    Reversed, and new trial ordered.
    Charles W. Groll, for appellant.
    Wilson, Barker & Wager, for respondent.
   PER CURIAM.

Proceeding to dispossess for nonpayment of rent. Defense, payment. Katz was tenant under a prior owner, and offered receipts (including the month in question) in evidence, which, after objection and exception, were excluded. Defendant was corroborated in several particulars by other witnesses. The exceptions were well taken. Final order reversed, and new trial ordered, with costs to appellant to abide the event.  