
    Samuel Sabinson, Respondent, v. Peter Herter, Appellant.
    Appeal from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan.
    Hirsh & Ehrhorn, for appellant.
    Louis Levy, for respondent.
   Per Curiam.

The pretended oral release by the defendant is without- evidence to support it, and it was clearly erroneous to exclude testimony tending to establish any of the items of the counterclaim.

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

Present: Beekman, P. J., Giegerich and O’Gorman, JJ.

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