Majority
p. 894Norman Toohey, an Infant, by John Garner Toohey, His Guardian ad Litem, and John Garner Toohey, Respondents, v. Brooklyn and Queens Transit Corporation, Appellant.
In a negligence action, order directing a jury trial reversed on the law, with ten dollars costs and disbursements, and plaintiffs’ motion denied, with ten dollars costs. In our opinion, the court was without power to direct a jury trial to aid it in the determination of the issues raised in the action where such jury trial had been waived by the parties. (Civ. Prac. Act, § 426.) Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.