Majority
p. 761Gustav Bucky et al., Respondents, v. Carl J. Sebo et al., Appellants.
Order unanimously modified so as to reinstate the first counterclaim and, as so modified, affirmed, without costs. The first counterclaim is reinstated upon the representation that it is not a challenge to the validity of the patent but is to recover a payment made outside the scope of the claim of the patent. Settle order on notice. Present — Peck, P. J., Cohn, Callahan, Shientag and MeCurn, JJ. [199 Mise. 55.]