
    Howard Michelsen, Appellant, v. Robert W. Ryle, Respondent.
   In an action to recover damages for breach of a construction contract and for extra services, order denying appellant’s motion, under subdivision 5 of rule 109 of the Rules of Civil Practice, to dismiss the second counterclaim as insufficient in law, affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.  