Order unanimously modified by reversing that part thereof which dismisses the complaint upon the merits and severs defendant’s counterclaim.. Plaintiff is granted leave to amend its complaint to plead a cause of action for damages. Judgment unanimously reversed and the order, as so modified, affirmed, without costs. Settle order on notice. Present — Dore, J. P., Callahan, Bastow, Botein and Bergan, JJ. [205 Misc. 124.] [See 285 App. Div. 806.]