Opinion
June 29, 1967
Appeal from the Erie Trial Term.
Present — Williams, P.J., Goldman, Henry, Del Vecchio and Marsh, JJ.
Order insofar as appealed from unanimously modified on the law and facts to the extent of ordering a new trial solely on the issue of damages, and as modified affirmed, without costs. See memorandum in Kane v. Bateman ( 28 A.D.2d 814) decided herewith.