Order entered on June 28, 1960, denying defendant's motion to dismiss the complaint and for summary judgment on the counterclaim, reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, for the relief demanded in the counterclaim.
Opinion Per Curiam.
Eager, J., dissents in part in the following memorandum in which Breitel, J. P., concurs:
Order entered June 28, 1960, should...
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