Majority
p. 819Wicander & Co., Inc., Respondent, v. Atlantic Cork Co., Inc., Appellant.
Judgment modified by providing that the dismissal of the counterclaim be without prejudice instead of “ upon the merits,” and as so modified unanimously affirmed, with costs to respondent. Present — Lazansky, P. J., Rich, Kapper, Hagarty and Seudder, JJ.