Opinion
May, 1910.
Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ.
It is quite evident that this is a case in equity for an accounting; such an action cannot be tried by a jury at Trial Term. The court, therefore, should have stricken the case from the Trial Term calendar and sent it to the Special Term for trial. The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.