Opinion
April 27, 1942.
Order denying appellants' motion to strike the cause from the jury calendar and place it on the non-jury calendar, on the ground that plaintiffs had waived their right to a jury trial under subdivision 5 of section 426 of the Civil Practice Act, in so far as appealed from, affirmed, with ten dollars costs and disbursements. ( Bakopoulos v. Bank of Athens Trust Co., 285 N.Y. 451.) Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.