Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to reduce the judgment as Entered to the sum of $4,232.85; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Present — Dowling, P. J., Merrell, Martin, OMalley and Proskauer, JJ.; Martin, J., dissents and votes for reversal and dismissal of the complaint. Settle order on notice.