Majority
p. 945Adeline Nasal, Individually and as Guardian ad Litem of Richard Deren, an Infant, Respondent, v. Antonio Olivieri, Appellant.
Order unanimously affirmed, with costs. The new trial is granted on the question of damages only. (Appeal from order of Erie Trial Term granting motion to set aside verdict for infant plaintiff unless counsel stipulate to increase verdict.)
Present — Williams, P. J., Bastow, Henry, Del Vecehio and Marsh, JJ.