— Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff consents to reduce the judgment as entered to the sum of $1,172.62; in which event the judgment as so modified is affirmed, without costs.. No opinion. Settle order on notice. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.; Martin, J., dissents and votes to reverse judgment and dismiss complaint.