Majority
p. 883Gussie Sloman, as Administratrix, etc., Respondent, v. Israel Finkelstein, Doing Business under the Firm Name and Style of Finkelstein Skirt Company, Appellant. (Actions Nos. 1 and 3.)
Judgment and order reversed and new trial ordered, with costs to appellant to abide event unless plaintiff stipulates to reduce judgment by deducting thirty dollars and forty-one cents therefrom, in which event the judgment as so modified and the order appealed from are affirmed, with costs to the respondent. No opinion. Order to be settled on notice. Present — Dowling, Laughlin, Smith, Page and Shearn, JJ.