Judgment modified on the law and the facts: (1) by striking out its seventh decretal paragraph, awarding $192.75 costs and disbursements to the plaintiff; and (2) by substituting therefor a paragraph directing that plaintiff recover from the defendant $5,000, with interest thereon from December 21, 1961, together with $192.75 costs and disbursements. As so modified, judgment, insofar as appealed from, affirmed, with costs to the plaintiff.
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