Opinion
December 12, 1941.
Present — Martin, P.J., O'Malley, Townley, Glennon and Untermyer, JJ.
Judgment unanimously reversed and a new trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulates to reduce the amount awarded as punitive damages to the sum of $2,500, so that the judgment as entered shall be reduced to the sum of $5,175.10; in which event the judgment, as so modified, is affirmed, without costs. No opinion. Settle order on notice.