Blenis v. Utica Knitting Co.

143 A.D. 958

Opinion

Order modified by striking out the provision which settles issues, and as so modified affirmed, without costs of this appeal to either party. Held, that the issues are triable by jury as matter of right and that the action is not one where issues may be settled. (Code Civ. Proc. §§ 968, 970,971.) All concurred, except McLennan, P. J., who dissented and voted for affirmance.