PER CURIAM:
From the notice of appeal it would appear that this is an appeal from a judgment, but in fact it is from an order entered on the seventeenth day of June amending a former judgment for the defendant so as to make it one for plaintiff. This order was the result of a motion made by order to show cause "why the judgment should not be vacated and set aside as against the law and a new trial ordered."
While the court had power to vacate the judgment and grant a new trial, to change the judgment from one in favor of the defendant to a judgment for plaintiff was unauthorized. ( Miller, Inc., v. Leahy Building Co., 95 Misc. 616.)
Order modified by striking therefrom "judgment therefore amended to read judgment for plaintiff for rent $220 counterclaim dismissed as premature and without prejudice," and substituting therefor "judgment vacated and a new trial ordered," and order as so modified affirmed, without costs of appeal to either party.
All concur; present, GUY, O'MALLEY and LEVY, JJ.