Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the plaintiff's cross motion which was to strike Mayflower's counterclaim; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a consideration of the merits of that branch of the cross motion which was to strike Mayflower's counterclaim.
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