Order reversed and a new trial granted, with costs to abide the event, on the dissenting memorandum at the Appellate Division with the added comment that a stipulation alone for a jury trial of all issues might not be sufficient, but in this case the stipulation had been converted into an order of the court.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.