Opinion
February, 1929.
Present — Dowling, P.J., Merrell, Martin, O'Malley and Proskauer, JJ.
Judgment and order 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 $5,137.95; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice.