Majority
p. 865In the Matter of the Estate of Ilario Cavallaro, Deceased. Dominico Cavallaro, Appellant; Josephine Mahalick, as Administratrix of the Estate of Ilario Cavallaro, Deceased, Respondent.
Order reversed on the law and facts, with $10 costs and disbursements, and application for a jury trial granted. Memorandum: We think on this record there is a genuine and bona fide issue of legal title and either party has the right to a jury trial on demand. (Matter of Comfort, 234 App. Div. 19 .) We hold under the circumstances here shown
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the delay was not unreasonable. All concur. (Appeal from an order denying a demand for a jury trial in a discovery proceeding.) Present- — -Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.