Gaynor, J.:
.. Section. 3228 of the Code of Civil Procedure (sub. 5) does" riot mean that- a plaintiff'in Kings county is called upon to bring his action in the City Court of Mew York,,which is in Mew.York county, when hé ¡can, as a test of whether he may recover costs if he recover less .than $500. Each county stands separate in the application of the statute. .
The order should be affirmed.
Jenks, Rich and Miller, JJ., concurred; Hooker, J., read for reversal. , . , - ""