The opinion
Sidney Squire, J.
The defendant’s motion for permission to serve and file a counterclaim herein, as set forth in its “ Proposed Counterclaim”, is granted. (See Karpis v. Bungalow Bar Corp. of America, 8 A D 2d 844; Cardozo, C. J., in Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N. Y. 304 [1929]; Conway, J., now Ch. J., in Smith v. Kirkpatrick, 305 N. Y. 66 [1953].)
The defendant shall serve and file its counterclaim on or before August 31,1959.
Short-form order signed.