Majority
p. 845Helen Budz, Respondent, v. Elizabeth J. Schoett, Individually and as Executrix, etc., of Christian Schoett, Deceased, Appellant.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $5,206.50; in which event the judgment, as so modified, is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.