Majority
p. 770David Hutchinson, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant.
Order, entered August 5, 1964, granting petitioner’s motion for an order vacating a jury demand filed by respondent, unanimously affirmed, with $30 costs and disbursements to petitioner. In so doing, we do not find it necessary to decide whether there is a constitutional right of trial by jury on the issue of the timeliness of the notice of claim, Concur — Botein, P, J., Breitel, Rabin, Yalente and McNally, JJ.