Orders and judgment reversed on the law, with costs to the appellant, on the ground appellant did not waive her right to a jury trial by service of notice of trial for a Special Term, and upon the authority of Wheelock v. Lee (74 N. Y. 495).
All concur, except Cochrane, P. J., and Hinman, J., dissenting on the authority of Mackellar v. Rogers (109 N. Y. 468, 472).