
    SAFFIER, Appellant, v. MOTCHKOL, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    April 25, 1902.)
    Action by Sam Saffier against “Yon” Motchkol, first name fictitious, real name unknown to plaintiff.
   PER CURIAM.

Order resettled, by striking out the provision for final judgment, and inserting in lieu thereof a direction that the cause be remitted to the municipal court, there to be proceeded with in accordance with the opinion of this .court handed down at the October term, 1901. 64 App. Div. 615, 72 N. Y. Supp. 1126. We think it preferable that this - course should be pursued, rather than that a positive order for judgment should be made in this court.  