Majority
p. 1108BELMONT POWELL HOLDING CO. v. SERIAL BUILDING LOAN & SAVINGS INSTITUTION et al. (Supreme Court, Appellate Division, Second Department. July 25, 1913.)
Headnote
Action by the Belmont Powell Holding Company against the Serial Building Loan & Savings Institution and others.Order, so far as appealed fron, reversed, with $10 costs and disbursemelltg. An issue having been raised by the an8wer 0f the defendants the people of the state of New York, such issue became triable according to the provisions of the Code of Civil Procedure and the general rules of practice. The defendants the people of the state of New York were 6ntitied to the notice of trial providg(j ^y the Code of Civil Procedure, and the aetion should be placed upon the calendar of ^ gpecjai Term for the trial of issues of fact n(j iaw ' 1