Opinion
April 24, 1956
Orders unanimously modified so as to reserve to defendant the right to bring an independent action which may include all of the matters asserted by way of counterclaim if he be so advised. Otherwise the orders and judgment are affirmed. Settle order on notice.
Concur — Peck, P.J., Breitel, Botein, Frank and Bergan, JJ. [See post, p. 1008.]