Order modified by striking out certain allegations of the counterclaim and as so modified affirmed, without costs of this appeal to either party. All concur, except Thompson, J., who dissents in part and votes for granting the motion in its entirety, with leave to defendant to plead over; Edgcomb, J., not sitting. (See International R. Co. v. Jaggard, 204 App. Div. 67; Isaacs v. Washougal Clothing Co., Inc., 233 id. 568, 572, and Rules Civ. Prac. rule 280.)