Order modified by deleting so much thereof as awarded plaintiff summary judgment on the counterclaim and struck the counterclaim and substituting therefor a provision dismissing the counterclaim for failure to state a cause of action. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff.
Defendant is granted leave to serve an amended counterclaim; its time to serve such pleading is extended until 30 days after service...
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