Opinion
November 5, 1964
Order, entered August 5, 1964, granting petitioner's motion for an order vacating a jury demand filed by respondent, unanimously affirmed, with $30 costs and disbursements to petitioner. In so doing, we do not find it necessary to decide whether there is a constitutional right of trial by jury on the issue of the timeliness of the notice of claim.
Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.