Opinion
June 16, 1944.
Present — Martin, P.J., Townley, Glennon, Untermyer and Cohn, JJ.
Judgment and order 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 $5,166.10; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice.