Judgment reversed and a 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 $12,677.85, in which event the judgment as so modified is affirmed, ■without costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; Martin, P. J., and Townley, J., dissent and vote to reverse and dismiss the complaint. Settle order on notice.