Opinion
May, 1927.
Present — Dowling, P.J., Merrell, Martin, O'Malley and Proskauer, JJ.; Martin, J., dissents and votes for reversal and dismissal of the complaint. Settle order on notice.
Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $4,232.85; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion.