
    Samuel Markowitz, Respondent, v. Nagle Avenue Construction Co., Inc., Appellant.
   Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the fact that the plaintiff answered ready, when he was not, is practically conceded. In addition, plaintiff does not now set forth any facts from which the court could see that he has a meritorious cause of action. (Rothschild v. Haviland, 172 App. Div. 562.) Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.  