
    HUTKOFF v. EIFERMAN.
    (Supreme Court, Appellate Term.
    December 22, 1911.)
    Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Nathan Hutkoff against Jacob I. Eiferman. From a judgment of the Municipal Court of the City of New York for the plaintiff, defendant appeals. Modified and affirmed. S. Goodelman, for appellant. Samuel A. Berger, for respondent.
   PER CURIAM.

There was no evidence in this case which warranted the granting of a judgment for treble damages. The judgment must therefore be modified, by reducing the amount of recovery to the sum of $35. Judgment modified, by reducing the same to the sum of $35 and appropriate costs in the court below, and, as modified, affirmed, without costs of this appeal to either party.  