Opinion
February 14, 1947.
Present — Martin, P.J., Glennon, Dore, Callahan and Peck, JJ.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $3,398.35 in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice.