Opinion
November, 1900.
M.M. Greenstein, for appellant.
E. McKinley, for respondent.
The order appealed from, which vacated and set aside a judgment against the plaintiff absolutely, omitted to set the case down for pleading, hearing or trial. Such an order is unauthorized in the Municipal Court. Gormully Jeffery Mfg. Co. v. Catharine, 25 Misc. 338. The reason given by the justice for making the order, to-wit, that the defendant was not a resident of the county, is not sufficient. Worthington v. London, etc., Company, 164 N.Y. 81.
The order appealed from must be reversed, with ten dollars costs to appellant.
Present: TRUAX, P.J.; SCOTT and DUGRO, JJ.
Order reversed, with ten dollars costs to appellant.