Opinion
December 20, 1940.
Present — Martin, P.J., Townley, Untermyer, Dore and Cohn, JJ.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $7,699.85; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice.