Opinion
Argued January 20, 1911
Decided February 7, 1911
C.R. Waterbury for plaintiff, appellant and respondent.
Edmond E. Wise for defendants, respondents and appellants.
On plaintiff's appeal the judgment of the Appellate Division is modified, so that instead of reducing the judgment in favor of the plaintiff a new trial is ordered, with costs to abide the event. If, however, within ten days plaintiff files in this court a stipulation waiving his appeal, then the judgment of the Appellate Division is affirmed, without costs in this court to either party; no opinion.
Concur: CULLEN, Ch. J., GRAY, HAIGHT, WERNER, WILLARD BARTLETT, CHASE and COLLIN, JJ.