Weichselbaum v. Ferris , 271 A.D.2d 964 ( 1947 )

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 $3,398.35 in which event the judgment as so modified is affirmed,' without costs. No opinion. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Peek, JJ.