
    David Joyce, Respondent, v. Samuel J. Katzberg, Appellant.
   Judgment unanimously affirmed, with costs. The attack made upon plaintiff in the appellant’s brief is gratuitous, unwarranted and scurrilous. It is a statement wholly without proof, and has no place in the files of this court. We, therefore, direct that the appellant’s brief, and brief in reply which reiterates the same language and attempts to justify its use, be stricken from the files of this court. Present — Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ.  