Opinion
March, 1930.
Order denying defendant's motion to strike action from the jury calendar and to set case down for a non-jury trial reversed upon the law, with ten dollars costs and disbursements, and motion granted. The right to a jury trial was waived under section 426, subdivision 5, of the Civil Practice Act. Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur.
Added by Laws of 1927, chap. 696, as amd. by Laws of 1929, chap. 196. — [REP.