
    FRANCK v. RABINOWITZ.
    (Supreme Court, Appellate Term.
    December 16, 1908.)
    Appeal from Municipal Court, Borough of Manhattan, Second District.
    Summary proceedings by Carl Franck against Nathan Rabinowitz. From a Municipal Court final order for defendant, plaintiff appeals. Reversed and new trial ordered.
    Argued before GIEGERICH, HENDRICK, and FORD, JJ.
    Harold Swain, for appellant.
    Joseph Wilkenfield, for respondent.
   FORD, J.

The final order is reversed and a new trial ordered, with costs to the appellant to abide the event, on the authority of Franck v. Smolens (decided at this term) 113 N. Y. Supp. 464. All concur.  