Opinion
December, 1933.
Present — Finch, P.J., Merrell, Townley, Glennon and Untermyer, JJ.
Judgment and order 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 $5,177.61; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice.