
    James C. McGuire & Company, Respondent, v. H. G. Vogel Company, Appellant.
    (Supreme Court, Appellate Term, First Department,
    June, 1914.)
    Joinders — of issue — application for transfer of action to another district— when made on demand — Municipal Court Act, § 25 — appeal.
    Section 25 of the Municipal Court Act of the city of New York contemplates that an application for the transfer of an action to another district shall be made on demand at or before the joinder of issue. An order denying a motion to transfer an action is not reviewable except on appeal from the final judgment.
    Appeal by the defendant from an order of the Municipal Court of the city of New York, borough of Manhattan, third district, denying a motion to remove a cause from the third district to the first district of Manhattan.
    David Bernstein, for appellant.
    Warren McConihe, for respondent.
   Guy, J.

The summons and complaint were served on March 12, 1914; the summons was returnable March 24,1914; on the return day defendant demurred and amended its demurrer on April 1, 1914. Final judgment in plaintiff’s favor for $402 damages, besides eogts, was entered on April 8,1914; On April 3,1914, defendant filed an affidavit tending to show that the action should be transferred from the third district to the first district. The order appealed from was entered on April fifteenth, the same day on which the appeal from the judgment was taken.

Under the present Municipal Court Act a demurrer is a pleading. Mun. Ct. Act, § 145. The present Municipal Court practice contemplates an application for a transfer to another district being made upon demand upon or before the joinder of issue (Mun. Ct. Act, § 25), not after the pleadings have been amended upon applicant’s request.

An order denying an application to transfer a cause is not appealable. Pascocello v. Brooklyn Heights R. R. Co., 26 Misc. Rep. 412; Nolte v. Seymour, 127 App. Div. 178, 179; Watson v. Duryea, 133 id. 233.

An alleged error in granting or refusing a transfer can only be reviewed upon appeal from the final judgment. People ex rel McGowan v. Murray, 53 Misc. Rep. 364, 366; Schiller v. Hardenburg, 52 id. 484, 485.

Bijur and Pendleton, JJ., concur.

Appeal dismissed, with ten dollars costs.  