Judgment and order reversed and new trial granted, with costs to appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $50,112.93; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice.
Present — Clarke, P. J., Merrell, Finch and Martin, JJ.; Martin, J., dissenting and voting for reversal of the judgment and a new trial.