Majority
p. 752Anthony J. Von Wrycza, Respondent, v. Horatio Smith, Trading under the Firm Name and Style of Warehouse Trucking Company, Appellant.
Judgment and order reversed and a new trial ordered, with costs to appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $5,114.26, in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present — Clarke, P. J., Smith, Merrell, McAvoy and Martin, JJ.