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Judgment unanimously reversed, and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $2,674.45; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present - — ■ Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.
Document Info
Filed Date: 4/26/1940
Precedential Status: Precedential
Modified Date: 10/28/2024