
    Fuller Coal & Oil Corp., Appellant, v. Dayton Holding Corp., Respondent.
    Supreme Court, Appellate Term, First Department,
    November 7, 1957.
    
      
      Howard Penser for appellant.
    No appearance for respondent.
   Per Curiam.

Upon a demand seasonably made, a party is entitled to a jury trial on a retrial, notwithstanding that a jury was not originally demanded. (Asbestolith Mfg. Co. v. Howland, 143 App. Div. 418.)

The order should be reversed, with $10 costs, and motion denied.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.  