Opinion
January 15, 1952.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion for a separate trial granted. The issue of reformation tendered by the counterclaim should be separately determined in advance of the submission to the jury of the issues involved in the complaint. ( Winthrop Products Corp. v. Damsky, 275 App. Div. 755.) Settle order on notice.