
    Brooklyn Windshield Corporation, Respondent, v. William Rosenblatt, Appellant.
   Judgment reversed upon the law and a new trial granted, costs to abide the event. In our opinion the trial court was without power to appoint a referee to take and state the account of the plaintiff’s alleged damages inasmuch as they were an issue presented by the pleadings and triable before the court. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.  