
    W. B. Cruikshank Building Corporation, Respondent, v. George W. Egbert, Sr., Appellant.
   Order denying defendant’s motion to frame issues for trial by a jury affirmed, with ten dollars costs and disbursements, upon the opinion of Mr. Justice Cropsey at Special Term. [Reported in 129 Misc. 268.] Kelly, P. J., Maiming, Kapper and Hagarty, JJ., concur; Lazansky, J., dissents, being of opinion that defendant made out a case for a jury trial as a matter of right.  