
    McKENZIE, Respondent, v. HOPKINS, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    July 9, 1907.)
    Action by George W. McKenzie against Henry D. Hopkins.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the recovery to the sum of $250, in. which event the judgment, as reduced, is affirmed, without costs of this appeal.

HIRSCHBERG, P, J., and MILLER, J., dissent.  