
    William Harvey Smith, Respondent, v. Robert Ingersoll Brown, Appellant, and Eva I. B. Wakefield, Defendant.
   Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, sufficient facts are alleged in the counterclaim to show that plaintiff’s conduct in the California proceedings resulted in damage to the extent claimed in the counterclaim. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.  