
    KIRSCHBAUM, Respondent, v. BROWN, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 7, 1898.)
    Action by Simon Kirschbaum against Henry Brown.
   No opinion. Order so far as it strikes out the first count or defense affirmed. That part of the order which strikes out the defense or counterclaim reversed, without costs to either party. Held, that the allegation relating to counterclaim cannot be stricken out, upon motion, as frivolous.  