Appellate Division of the Supreme Court of the State of New York March 13, 1908 (Claffy v. Madison Avenue Co.)

Ingraham, J.:

I do not think in an action at law the court has power to refer a part of the issues presented by the pleadings reserving issues to be tried by a" jury. The case of Hoffmam House v. Hoffman House Café (36 App. Div. 176) is not an authority to sustain that proposition. In that case it was held that the defendant was.