Opinion
June 15, 1945.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ.;
Judgment 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 $4,669.65; in which event the judgment as so modified is affirmed, without costs. No opinion.
Dore and Callahan, JJ., dissent and vote to reverse and grant a new trial for errors in the exclusion of evidence. Settle order on notice.