Majority
p. 846Grace L. Schwindler, as Administratrix, etc., of Frank J. Schwindler, Deceased, Appellant, v. Village of Blasdell and Another, Respondents.
Order affirmed, with costs, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $800, in which event the order is reversed, without costs, and the verdict for said sum of $800 is reinstated and judgment for the plaintiff directed thereon. It is stipulated in open court that Andrew J. Haberer is dead, and that the action and appeal are discontinued as to him, and he and his estate are discharged of all liability. All concur. Present — Hubbs, P. J., Clark, Sears, Crouch and Taylor, JJ.