Per Curiam.
Sections 1120 and 1124 of the Civil Practice Act were not complied with insofar as the second cause of action is concerned. These provisions are mandatory ( Kram v. Manufacturers Trust Co., 238 App. Div. 680). Moreover, there is not a sufficient basis in the record to support the damages awarded in either cause of action. The judgment should be reversed and a new trial ordered on all issues, with costs to the appellant to abide the event.
Cohn, Callahan, Van Voorhis and Shientag, JJ., concur; Dore, J.P., concurs in result.
Judgment unanimously reversed and a new trial ordered on all issues, with costs to the appellant to abide the event. Settle order on notice.