Schumer v. Caplin 212 A.D. 872

Judgment and orders reversed and new trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $40,084.60; in which event the judgment as so modified and the orders appealed from are affirmed, without costs. No opinion. Settle order no notice. Present — Clarke, P. J., Merrell, Finch, Martin and Burr, JJ.; Martin, J., dissenting and voting for reversal and a new trial.