Appellate Division of the Supreme Court of the State of New York December 30, 1908 (Logerto v. Central Building Co.)

PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the recovery of damages to the sum of $12,000, in which event the judgment, as reduced, and order, are affirmed, without costs. See, also, 123 App. Div. 840, 108 N. Y. Supp. 604.

RICH, J., votes for reversal.