Order modified by adding to the decretal paragraph thereof, immediately after the word "granted", the following: "to the extent that it seeks dismissal of that branch of the counterclaim which seeks damages on behalf of Beth Persky, and the motion is denied as to that branch of the counterclaim which seeks recovery on behalf of Frank E. Persky". As so modified, order affirmed, without costs or disbursements.
A counterclaim may be asserted only by "one or more defendants...
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