Opinion
December 20, 1956
Appeal from the Erie Special Term.
Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Williams, JJ.
Judgment and order reversed on the law and facts, with costs, and motion denied with $10 costs, without prejudice to such further motions against the answer as the plaintiff may be advised. Memorandum: It is our opinion that rule 104 is not the proper rule under which to move to attack the answer which contains a counterclaim. All concur.