Order modified on the law in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party.
Memorandum:
This court reversed the judgment in favor of the plaintiff and granted a new trial on the ground that it was error to receive evidence, over defendant's objection, on issues not raised on the pleadings (280 App. Div. 960). The Special Term has permitted the plaintiff to amend his complaint so that such evidence may...
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