Majority
p. 840John Schwind, Respondent, v. Harriet F. Silverman, Appellant.
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.