Order reversed upon the law, with ten dollars costs and disbursements, and motion of defendant New York Mortgage Company to strike the ease from the calendar of Special'Term for Trials and to transfer it to the Trial Term granted, with ten dollars costs. Plaintiff has brought his action at law for damages; and appellant is entitled to a jury trial. Lazansky, P. J., Rich, Kapper, Carswell and Scudder, JJ., concur.