Majority
p. 773Thomas J. Bata et al., Respondents, v. Jan A. Bata, Appellant.
— Judgment unanimously affirmed, nunc pro tunc as of February 17, 1954, and that the respondents recover of the appellant the costs of this appeal. In affirming we do not pass upon defendant’s application now pending before Special Term to replead the counterclaim. Present — Dore, J. P., Breitel, Bastow and Bergan, JJ. [See post, pp. 871, 1053.]