
    William H. Ebling, Jr., Respondent, v. Michael Saracena, Appellant.
    (Supreme Court, Appellate Term,
    February, 1900.)
    Summary proceedings — Untenable final order.
    Where it appears from a final order in summary proceedings, that the result was arrived at from incidents dehors the pleadings and proofs, the order must be reversed.
    Appeal by thé tenant from a final order in favor of the landlord, made in a summary proceeding in the Municipal Court, ninth district, borough of Manhattan.
    Albert L. Phillips, for appellant.
    Platzek & Stroock, for respondent.
   MacLean, J.

By his answer to the petition herein to recover the possession of real property, the defendant put in issue the term of his tenancy, and although that issue was the only one raised and contested, it appears from the final order itself that the result was arrived at from incidents dehors both the pleadings and the proofs. Therefore, the order must be reversed.

Ebeedman, P. J., and Leventbitt, J., concur.

Order reversed and new trial ordered, with costs to the appellant to abide event.  