Majority
p. 863John V. Schaefer Construction Corporation, Respondent, v. Charles Gold, Appellant.
Order so far as appealed from modified by striking therefrom the words “ but without the counterclaim set forth in the proposed amended answer,” and as so modified affirmed, without costs, with leave to defendant to serve an amended answer within ten days from service of order upon payment of the costs awarded to the plaintiff by the order appealed from. No opinion. Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.