Majority
p. 913Thomas E. Nolan, Respondent, v. Peter J. Malley, Appellant.
Judgment and order reversed, new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $10,000; in which event, judgment, as so modified, and order affirmed, without costs. No opinion. Order to be settled on notice. Present — Clarke, P. J., Laughlin, Dowling, Davis and Shearn, JJ.; Shearn, J., dissented and voted for reversal and new trial.