
    POLSON MFG. CO., Respondent, v. BUFFALO KISSEL KAR CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 5, 1913.)
    Action by the Poison Manufacturing Company against the Buffalo Kissel Kar Company.
   PER CURIAM.

Judgment and order of Special Term and judgment of City Court reversed, and a new. trial granted in the City Court, with costs tó appellant to abide event. New trial to be had in the City Court on the 19th day of March, 1913, at 10 a. m. Held that, the issue as to the automobile body not having been decided by the judge of the City Court, and the facts being in dispute, it was error for the Special Term to determine that issue and modify the judgment. The judgment of the City Court should have been reversed, and a new trial granted. See Duelos v. Kelley, 197 N. Y. 76, 89 N. E. 875; Farrell v. Farrell, 205 N. Y. 450, 98 N. E. 857; Pútnam v. Lincoln Safe Deposit Company, 191 N. Y. 166, 83 N. E. 789.  