Judgment modified by striking out the provision thereof which dismisses defendant’s counterclaim on the merits and by providing in place thereof that the counterclaim be dismissed, and, as so modified, the judgment is unanimously affirmed, without costs. (Matter of Crandall, 214 App. Div. 363; Matter of Haffner, 254 N. Y. 238.) Present — Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ.