Judgment of the Appellate Division and that of Special Term modified by deducting from the defendant's *Page 605 recovery, as fixed in the judgment of the Special Term, the sum of $700 damages with interest, and as modified affirmed, with costs to respondent; no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.