Majority
Judgment reversed and new trial granted, costs to abide event, unless plaintiff stipulates in twenty days to reduce the verdict to the sum of $2,000, and to reduce the extra allowance to the sum of five per cent on $2,000. If such stipulation is filed, the judgment as so modified is affirmed, without costs.—
The verdict substantially gave plaintiff all that he claimed, and made slight, if any, allowance for the deficiencies in execution of the building contract, which were many and practically undisputed. It is,therefore, impossible to sustain the verdict of the jury to its full extent. Giving all proper effect to the plaintiff’s testimony and to the verdict, we are of opinion that the sum of $1,004 should ho deducted from the verdict, or in the alternative a new trial be granted. The plaintiff may elect between such modification and a new trial. In case he elects to accept the modification, the allowance of five per cent upon $1,694 should also be deducted from the judgment, which, as thus modified, is affirmed, without costs of appeal. Otherwise, judgment reversed and new trial granted, costs to abide event.
Brown, P. J., concurred.