Steiner v. Block ( 1900 )

PER CURIAM.

The jurisdiction of the court below appearing neither by averment, nor by evidence in the return, the judgment must be reversed. Frees v. Ford, 6 N. Y. 176; Gilbert v. York, 111 N. Y. 544, 19 N. E. 268.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.