Opinion
March 27, 1942.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ.; Untermyer, J., dissents and votes to affirm. Settle order on notice.
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 $1,256.30, in which event the judgment as so modified is affirmed, without costs. No opinion.