
    John Pendell, Respondent, v. Stephen Maryinuk, Appellant.
   Order unanimously modified on the law and facts to provide that the new trial be had upon all the issues, and as so modified, affirmed, with costs to the appellant to abide the event. See Memorandum in Maryinuk v. Pendell (27 A D 2d 694). (Appeal from order of Oswego Trial Term granting plaintiff’s motion for a new trial.) Present — Bastow, J. P., Henry, Del Vecchio and Marsh, JJ.  