Opinion
October, 1922.
Present — Clarke, P.J., Smith, Merrell, Greenbaum and Finch, JJ.
Order modified by sustaining demurrer to first counterclaim on the ground that it does not state a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action, and as so modified affirmed, without costs, with leave to defendant to serve an amended answer within ten days from service of order.