Majority
p. 872Knolls Cooperative Section No. 1, Inc., Respondent, v. John L. Hennessy et al., Defendants. John L. Hennessy et al., Third-Party Plaintiffs-Respondents, v. Samuel Saltzman et al., Third-Party Defendants, and Kingsway Sheet Metal & Roofing Co., Inc., Third-Party Defendant-Appellant.
Appeal [from original order] unanimously dismissed. Order [as resettled] unanimously modified, without costs to either party, so as to provide that the issues to be tried before a jury be tried at Trial Term, and on the settlement of the order herein the other parties also may elect to have the main trial at Trial Term, without a jury, at the same time the jury issues shall be tried. Settle order on notice. Concur— Peck, P. J., Breitel, Cox and Frank, JJ.