
    Howard Estates Development Company, Respondent, v. Benjamin E. Valentine, Appellant, Impleaded with Others, Defendants.
    Judgment reversed and new trial granted, costs to abide the event, for error of the court in its refusal to remit the case to Trial Term for trial by jury. (See Richards v. City of New York, 149 App. Div. 923.)
   Jenks, P. J., Hirschberg, Burr, Woodward and Rich, JJ., concurred.  