Bischoff, J.
The answer, besides denying the alleged conversion, interposed a counterclaim for rent. A judgment at. Special Term sustaining the demurrer to the counterclaim was-affirmed at General Term of the court below,- and from the-judgment of affirmance defendant has attempted to appeal to-this court. The remaining issues tendered by the pleadings-are untried, and that judgments of the character alluded to-are severally interlocutory was ruled in Biershenk v. Stokes, 18 N. Y. Supp. 854. An appeal to this court from a judgment of the City Court of New York may be taken only when the judgment is final, and was rendered upon an appeal to the General Term. Code: Civ. Proc. § 3191, subd. 1.
The appeal must be dismissed, with costs.
Bookstaveb and Pryor, JJ., concur.
Appeal dismissed, with costs.