
    CAMINEZ, Respondent, v. SUSSMAN BROS. & CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    May 6, 1910.)
    Action by Jacob Caminez against Sussman Bros. & Co.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, upon the ground that the answer raises an issue as to the presentation and notice of dishonor of the check in suit, and judgment upon the pleadings should not have been directed. Cassell v. Regierer, 114 N. Y. Supp. 601. The failure to obtain an order directing the issues to be tried was waived by the plaintiff. Tautphœus v. Harbor & Suburban B. & S. Association, 96 App. Div. 23, 88 N. Y. Supp. 709; Blenderman v. Bellis Co., 64 Misc. Rep. 65, 117 N. Y. Supp. 897. The appeal from the order denying the motion to set aside the judgment is "dismissed, without costs.  