
    ROM et al., Appellants, v. WALLACH, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 12, 1909.)
    Action by Morris Rom and another, etc., against Joseph Wallach.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that neither on pleading nor proof is the action within the purview of section 139 of the Municipal Court act (Laws 1902, p. 1533, c. 580).

HIRSCHBERG, P. J., dissents.  