Necolayff v. Town of Torrey

Order affirmed, with $10 costs and disbursements. All concur except Piper, J., who dissents and votes for reversal and for granting the motion on the ground that the defendant has a constitutional right to trial by jury. (Appeal from an order denying defendant’s motion for a jury trial of issues of fact.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ. [See post, p. 891.]