Gottlieb v. Peck & Mack Co. , 119 N.Y.S. 616 ( 1909 )

PER CURIAM.

It seems to us that the complaint states a good cause of action. The proof of plaintiff’s cáse depends upon the question whether the record of the earlier trial will show that the jury made an allowance of $217- upon the offer of the defendant to return goods of that value. Where the complaint states a cause of action, the Municipal Court has no power to grant judgment on the pleadings and to deprive the plaintiff of his right to a trial.

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