Order reversed and a new trial granted, with costs to abide the event, on the dissenting memorandum at the Appellate Division with the added comment that a stipulation alone for a jury trial of all issues might not be sufficient, but in this case the stipulation had been converted into an order of the court.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.