Judgment reversed and new triál granted, costs to abide event, unless plaintiff within twenty days stipulates to deduct from the judgment recovered by him on the report of the referee the sum of $8,512.63, in which case the judgment as reduced is affirmed, without costs in this court to either party; no opinion. ■

Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Collin, Cuddeback and Miller, JJ.