Toohey v. Brooklyn & Queens Transit Corp.

In a negligence action, order directing a jury trial reversed on the law, with ten dollars costs and disbursements, and plaintiffs’ motion denied, with ten dollars costs. In our opinion, the court was without power to direct a jury trial to aid it in the determination of the issues raised in the action where such jury trial had been waived by the parties. (Civ. Prac. Act, § 426.) Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.