Brand v. Borden's Condensed Milk Co. , 88 N.Y.S. 1093 ( 1904 )

PER CURIAM.

In this case Williams, J., has rendered judgment for the defendant on the same testimony which we held insufficient to support a like judgtnent rendered by him upon the first trial. Counsel for the plaintiff now asks us to send the case to another judge, and we should do so if we possessed the power; but under section 310 of the Municipal Court act (Acts 1902, p. 1578, c. 580) we think our power is limited to sending it back to the same district for retrial.