Opinion
December 20, 1929.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Seventh District.
David S. Polier [ Matthew M. Levy of counsel; Bernard Sternlight on the brief], for the appellant.
Herman L. Mehr [ Samuel Gutterman of counsel], for the respondent.
Present, BIJUR, LYDON and FRANKENTHALER, JJ.
Defendant was entitled to a jury trial.
Judgment and order reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur.