
    SUPREME COURT, APPELLATE TERM,
    JULY, 1900.
    Francesco Alleva, Appellant, v. James J. Hagerty, Respondent.
    Appeal from a judgment of the Municipal Court of the city of New York, second district, borough of Manhattan.
    H. Moeller, for appellant.
    Stickney, Spencer & Ordway, for respondent.
   Per Curiam.

The record shows that the judgment dismissing the complaint was rendered at the plaintiff’s request. No appeal lies from such a judgment. It is unnecessary to pass upon the question sought to he raised by appellant as to the power of the Municipal Court to stay an action for nonpayment of costs awarded in a former action.

Appeal dismissed, with costs.

Present: Truax, P. J., Scott and Dugro, JJ.

Appeal dismissed.  