Opinion
June 12, 1951.
Present — Peck, P.J., Dore, Cohn, Van Voorhis and Heffernan, JJ.; Peck, P.J., dissents and votes to reverse and dismiss the second counterclaim upon the ground that it does not state facts sufficient to constitute a cause of action. [Order denied motion to dismiss, etc., second counterclaim in answer.] [See post, p. 942.]
Order affirmed, with $20 costs and disbursements to the respondent.