Opinion
December 19, 1947.
Present — Glennon, J.P., Dore, Cohn, Callahan and Van Voorhis, JJ.
Judgment unanimously 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 $5,168.10, in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice.