Dixon v. Title Guarantee & Trust Co.

-Order denying appellants’ motion to strike the cause from the jury calendar and place it on the non-jury calendar, on the ground that plaintiffs had waived then right to a jury trial under subdivision 5 of section 426 of the Civil Practice Act, in so *740far as appealed from, affirmed, with ten dollars costs and disbursements (Bakopoulos v. Bank of Athens Trust Co., 285 N. Y. 451.) Lazansky, P. J., Cars-well, Johnston, Adel and Taylor, JJ., concur.