Opinion
April 24, 1951.
Present — Peck, P.J., Cohn, Callahan, Shientag and McCurn, JJ. [ 199 Misc. 55.]
Order unanimously modified so as to reinstate the first counterclaim and, as so modified, affirmed, without costs. The first counterclaim is reinstated upon the representation that it is not a challenge to the validity of the patent but is to recover a payment made outside the scope of the claim of the patent. Settle order on notice.