Order, so far as appealed from, unanimously modified by granting defendant-appellant leave to serve an amended counterclaim within ten days after service of a copy of order with notice of entry if it be so advised, and as so modified affirmed, with twenty dollars costs and disbursements to the respondents. (See Gerdes v. Reynolds, 281 N. Y. 180; People v. Equitable Life Assurance Society, 124 App. Div. 715.) Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.