Order affirmed, with $10 costs and disbursements. All concur. (Appeal from an order dismissing the counterclaim of defendant; striking out certain paragraphs of the answer, and directing relief as demanded in the reply pursuant to rule 113 of the Rules of Civil Practice, in an action to recover damages for an alleged breach of contract.) Present — MeCurn, P. J., Yaughan, Kimball, Piper and Wheeler, JJ.