Opinion
April, 1928.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $8,797.06; in which event the judgment as so modified is affirmed, with costs to the respondent. No opinion. Settle order on notice.
Present — Dowling, P.J., Merrell, Martin, O'Malley and Proskauer, JJ.