Judgment modified as stated in order and as modified affirmed, with costs to respondent. Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Davis, JJ.; McLaughlin, J., dissented and voted for reversal and new trial.
Judgment modified as stated in order and as modified affirmed, with costs to respondent. Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Davis, JJ.; McLaughlin, J., dissented and voted for reversal and new trial.