It was entirely proper for the trial court to resubmit the case to the jury so that its verdict should correspond in form as well as in substance to the court’s instructions. (Rogan v. Mullins, 22 App. Div. 117; Rippley v. Frazer, 69 Misc. 415.)
Order reversed, with thirty dollars costs, and verdict reinstated.
All concur; present, Bijur, Levy and Crain, JJ.