Majority
p. 1129Anthony KOZLOWSKI, respt., v. ST. HEDWIG’S ROMAN CATHOLIC CHURCH OF DUNKIRK, N. Y., applt. (Supreme Court, Appellate Division, Fourth Department. January 22, 1916.)
Judgment and order reversed and new trial granted, with costs to appellant to abide event, unless the plaintiff shall, within 20 days, stipulate to reduce the verdict to the sum of $1,080', as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. Held, that the claim being unliquidated, the plaintiff was not entitled to recover interest. All concur.