
    KLEINERT & ROSENBLUTH, Inc., v. GLUCKSMAN.
    (Supreme Cburt, Appellate Term.
    November 11, 1910.)
    Appeal and Erbor (§ 1169*)—Right to Trial.
    Where plaintiff was not given a trial or hearing, the judgment dismissing the complaint will be reversed, and a new trial ordered.
    [Ed. Note.—For other cases, see Appeal and Error, Dec. Dig. § 1169.*]'
    Appeal from Municipal Court, Borough of Manhattan, Sixth District.
    Action by Kleinert & Rosenbluth, Incorporated, against Eugene Glucksman. From a judgment dismissing the complaint, plaintiff appeals.
    Reversed, and new trial granted.
    Argued before SEABURY, • PAGE, and BIJUR, JJ.
    Burnham Kalisch, for appellant.
    Jacob Friedman, for respondent.
   PER CURIAM.

It appears from the record that the plaintiff was not accorded a trial or hearing. Under these circumstances, the judgment is reversed, and a new trial granted, with costs to abide the event.  