Appeal [from original order] unanimously dismissed. Order [as resettled] unanimously modified, without costs to either party, so as to provide that the issues to be tried before a jury be tried at Trial Term, and on the settlement of the order herein the other parties also may elect to have the main trial at Trial Term, without a jury, at the same time the jury issues shall be tried. Settle order on notice. Concur— Peck, P. J., Breitel, Cox and Frank, JJ.