
    Philip Huston, Respondent, v. Edward J. Gilbert, Appellant.
   If plaintiff will stipulate witnin twenty days of the service of this order to reduce the damages to $3,500, then the judgment so modified affirmed, without costs of this appeal, if not, then on the defendant paying the costs of the trial and of his appeal in twenty days thereafter, a new trial is granted ; if defendant does not pay such costs, then judgment and order affirmed, with costs and order to he settled by Learned, P. J.

Opinion by

Learned. P. J.  