Majority
p. 885Franz Kemmerich, as Administrator, etc., Respondent, v. The City of New York, Appellant.
Judgment and order reversed and new trial
p. 886
ordered, with costs to appellant to abide event, unless plaintiff stipulate to reduce verdict to $5,000; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Order to be settled on notice. Present — Scott, Laughlin, Dowling, Smith and Davis, JJ.