Majority
p. 1037Helen Spezzano, as Administratrix of the Estate of William Spezzano, Deceased, Respondent, v. Charles Fortunato, 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 to $50,000 in which event the judgment, as so modified, is affirmed. No opinion. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Callahan and Shientag, JJ.