Opinion
November, 1920.
Present — Clarke, P.J., Dowling, Smith, Page and Greenbaum, JJ. Smith, J., dissents and votes for modification of the judgment by reducing it to the amount claimed in the complaint.
The evidence sustains the amount of the verdict returned by the jury, which is slightly in excess of the amount demanded in the complaint; but as the amount due is a mere matter of calculation, the complaint is deemed amended to conform to the facts as proved. The judgment and orders appealed from should, therefore, be affirmed, with costs.
Judgment and orders affirmed, with costs.