Opinion
December 12, 1946.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, LEWIS, J.
Murray Kaplan and Samuel Ruderman for appellant.
William Cohen for respondent.
The statement was not filed within the time provided by section 543 of the Civil Practice Act. The case of Yorysch v. Wallach ( 168 Misc. 257) must be confined to its facts as to the place of filing the statement.
The order should be affirmed, with $10 costs.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Order affirmed.