
    George W. Gass, Respondent, v. Agate Ice Cream, Inc., Appellant, and Elmer E. Maher, Defendant.
    
    
      
       Revd., 264 N. Y. 141.
    
   Judgment and order affirmed, with costs. All concur, except Sears, P. J., who dissents and votes for reversal on the facts and a new trial unless plaintiff stipulates a reduction of the verdict to the sum of $100.  