Franklin Steele, as Administrator with the Will Annexed of Louise Gwynne, Deceased, Appellant and Respondent, v. James M. Leopold et al., as Copartners under the Firm Name of James M. Leopold & Co., Respondents and Appellants, Impleaded with Others

On plaintiff’s appeal the judgment of the Appellate Division is modified, so that instead of reducing the judgment in favor of the plaintiff a new trial is ordered, with costs to abide the event. If, however, within ten days plaintiff files in this court a stipulation waiving his appeal, then the judgment of the Appellate Division is affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Chase and Collin, JJ,