
    George Natal, Respondent, v. Charles Guido, Appellant.
    Supreme Court, Appellate Term, Second Department,
    October 3, 1962.
    
      Joseph P. Carey for appellant. Saul Both for respondent.
   Per Curiam.

Order modified to the extent that that portion of the ordering provision which reads £i unless plaintiff executes a stipulation transferring the above entitled action to the Municipal Court within ten days after entry and service of this order ” is stricken, and as so modified, the order is affirmed, with $10 costs and taxable disbursements. The granting of the motion upon the provision stated was an improvident exercise of discretion. The issue as to whether an action is required to be transferred to a lower court depends upon the nature of the injuries involved. Nothing in the record indicates that the court below reviewed the injuries.

Concur — Hart, Di Giovanna and Brown, JJ.

Order modified, etc.  