Judgment and order reversed and new' trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulates to reduce the judgment *863as entered to the sum of $15,247.50; 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., Dowling, Finch, McAvoy and Martin,, JJ.; Martin, J., dissents.