Majority
p. 829Ernest Korbel, as Executor, etc., of Louisa Korbel, Deceased, Respondent, v. Hugh J. Sheeran, as Receiver of New York Railways Company, Appellant, Impleaded, etc.
Judgment reversed and a new trial ordered, with costs to the appeEant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $8,797.06; in which event the judgment as so modified is affirmed, with costs to the respondent. No opinion. Settle order on notice. Present — Dowhng, P. J., MerreE, Martin, O’MaEey and Proskauer, JJ.