Defendant was entitled to a jury trial.
Judgment and order reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur; present, Bijur, Lydon and Frankenthaler, JJ.
Defendant was entitled to a jury trial.
Judgment and order reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur; present, Bijur, Lydon and Frankenthaler, JJ.