Majority
p. 961Samuel Bernstein, Respondent, v. James M. Washburne, Appellant.
— Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate to reduce the verdict to the sum of $10,000, and modify the judgment accordingly; in which event the judgment as so reduced, and the order, are unanimously affirmed, without costs. Present — Jenks, P. J., Thomas, Rich, Putnam and Black-mar, JJ.