Opinion
February 21, 1955.
In an action to recover a balance alleged to be due for goods sold and delivered, defendant interposed a counterclaim for breach of warranty. Order denying plaintiff's motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, striking out defendant's answer and counterclaim, affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P.J., MacCrate, Beldock, Murphy and Ughetta, JJ., concur.