Majority
p. 863Filomena Fastiggi, an Infant, by Gerardo Fastiggi, Her Guardian ad Litem, Respondent, v. Claude E. Goodenough, Appellant.
Judgment and order reversed on the facts and new trial granted, with costs to abide the event, unless within twenty days plaintiff stipulate to reduce the verdict to the sum of $3,000, and to modify the judgment accordingly. In the event of such stipulation the judgment, as modified, and the order are unanimously affirmed, without costs. Present — Blackmar, P. J., Kelly, Manning, Kelby and Young, JJ.