Majority
p. 901Samuel Kantor, Respondent, v. Morris Spodek, Appellant.
We are of opinion that the money expended for legal services was not a proper element of damage. Judgment and order reversed and a new trial granted, with costs to abide the event-, unless plaintiff stipulate within twenty days to reduce the amount of recovery to $300, in which event the judgment as so modified, and the order, are unanimously affirmed, without costs. Jenks, P. J., Rich, Putnam, Blaekmar and Jaycox, JJ., concur.