
    Richard T. Bang, Respondent, v. Richard McAvoy, Appellant.
    Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court, third district, borough of Manhattan.
    George W. Dease, for appellant.
    Goeller, Shaffer & Eisler, for respondent.
   Per Curiam.

The record failing to show that the defendant resides within the jurisdiction of the Municipal Court, the judgment must be reversed. Tyroler v. Gummersbach, 28 Misc. Rep. 151.

Present: Fbeedman, P. J.; MacLean and Leventbitt, JJ.

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