
    MURPHY, Respondent, v. DEMPSEY, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    June 1, 1910.)
    Action by Joseph Murphy against Dominick E. Dempsey.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless the plaintiff shall within 20 days stipulate to reduce the verdict to the sum of $100 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.  