Opinion
January 12, 1967
Appeal from the Oswego Trial Term.
Present — Bastow, J.P., Henry, Del Vecchio and Marsh, JJ.
Order unanimously modified on the law and facts to provide that the new trial be had upon all the issues, and as so modified, affirmed, with costs to the appellant to abide the event. See Memorandum in Maryinuk v. Pendell ( 27 A.D.2d 694).