| N.Y. App. Div. | Mar 1, 1955
On cross appeal of plaintiff and defendants’ appeal, the order is unanimously reversed and the motion granted to the extent of directing a joint trial at Trial Term. In the circumstances here a joint trial is warranted. The Trial Term judge will decide the equity issues after determination of the law issues before the jury. Settle order. (Without costs.) Present — Peek, P. J., Callahan, Breitel, Botein and Rabin, JJ.