Opinion
May 25, 1945.
Present — Martin, P.J., Glennon, Untermyer, 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 $10,263.95, in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice.