Order modified, on the law, by dismissing the third pleaded cause of action in the amended counterclaim. As so modified, order affirmed with $50 costs and disbursements to defendant. Plaintiff contends that the counterclaim — dismissed twice previously for failure to state a cause of action — still does not make out causes of action. Plaintiff also contends that even assuming, arguendo, that an intentional tort is made out, it is barred by the Statute...
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