Majority
p. 786Edward J. Cassent, Respondent, v. Viktoria Utyro, Appellant.
Order modified by striking therefrom the words “ Ordered that the counterclaim be and the same is dismissed; and it is further,” and by providing that, in addition to paragraphs 6, 7, 8 and 9, paragraph 15 be stricken out. As so modified, the order is affirmed, without costs. Paragraphs 10, 11, 12, 13, 14, 16, 17, 18, 19 and 20 constitute a counterclaim and they should not have been stricken out. Lazansky, P. J., Carswell, Scudder, Tompkins and Davis, JJ., concur.