
    Courtland Smith, Respondent, v. Moses L. Annenberg, Appellant. (Action No. 2.)
   —• Order granting motion to strike out third separate defense and counterclaim reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We are of opinion that there is an issue to be tried on this pleading. Under section 267, subdivision 3, of the Civil Practice Act the pleading sets up a counterclaim effective against plaintiff’s assignor as well as against the plaintiff. Kelly,,P. J., Manning, Young, Kapper and Lazansky, JJ., concur.  