
    Edward Horowitz, Respondent, v. Kushner & Pines, Inc., Appellant.
    Supreme Court, Appellate Term, First Department,
    November 23, 1943.
    
      
      Herman Mendes for appellant.
    
      Samuel Sumner Goldberg for repondent.
   Memorandum

Per Curiam.

Plaintiff’s error in practice by failing to make a separate demand for jury trial was not curable by the nunc pro tune order appealed from.

Order reversed, with ten dollars costs and disbursements, and motion denied.

Hammer, Schmuck and Hecht, JJ., concur.  