Majority
p. 837Estella Campbell, Individually and as Administratrix of David Campbell, Deceased, Respondent, v. Steve Homusick, Doing Business under the Name and Style of S. H. Trucking Company, Appellant, and Nyack Lumber Corporation and Angelo Esposito, Defendants.
Judgment reversed on the law and the facts and a new trial granted, costs to abide the event, unless within five days from the entry of the order herein respondent stipulate to reduce the verdict to $510.70; in which event the judgment, as thus modified, is unanimously affirmed, without costs. There was a failure of proof of the time during which the plaintiff was deprived of the use of the car. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.