Opinion
June 3, 1938.
Present — Martin, P.J., O'Malley, Townley, Cohn and Callahan, 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 $5,187.95; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice.