Order modified, with costs in all courts to plaintiff, and matter remitted to Special Term for the entry of a declaratory judgment in favor of plaintiff on the complaint and for dismissal of the counterclaims, and, as so modified, affirmed for the reasons stated in the dissenting opinion of the Appellate Division.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.