Opinion
November 29, 1955.
Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion denied. In our opinion the granting of a compulsory reference was an improvident exercise of discretion. The defendants should not be deprived of their right to a jury trial of the allegations set forth in their affirmative defenses.
Concur — Breitel, J.P., Bastow, Botein and Rabin, JJ.