Majority
p. 876Benjamin Warshofsky, an Infant, by Aaron Warshofsky, His Guardian ad Litem, Respondent, v. Lincoln C. Andrews, as Receiver, etc., Defendant, Impleaded with American Railway Express Company, Inc., Appellant.
Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate _ to reduce the recovery of damages to the sum of $45,000, in which event the judgment as modified, and the order, are unanimously affirmed, without costs. Kelly, P. J., Manning, Kelby, Young and Kapper, JJ., concur.