Opinion
November, 1905.
Judgment and order reversed and new trial ordered, with costs to the appellant to abide event, unless the plaintiff stipulates to reduce the verdict to the sum of $2,500 as of the date of the rendition thereof, in which event the judgment as so modified, and the order, are affirmed, without costs of this appeal to either party. All concurred, except McLennan, P.J., and Nash, J., who dissented on authority of same case on former appeal, reported in 98 Appellate Division Reports, at page 635.