Opinion
May, 1932.
Order denying motion to settle and frame issues affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P.J., Young, Scudder and Tompkins, JJ., concur; Davis, J., dissents and votes to reverse on the ground that defendant Uehlinger was entitled to a jury trial as a matter of right, and as he made a motion to separate the issues there could be no waiver.