Judgment and orders reversed and new trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $40,084.60; in which event the judgment as so modified and the orders appealed from are affirmed, without costs. No opinion. Settle order no notice. Present — Clarke, P. J., Merrell, Finch, Martin and Burr, JJ.; Martin, J., dissenting and voting for reversal and a new trial.