
    The Richardson Press, Appellant, v. Andrew Albright, Jr., Respondent.
    Reported below, 172 App. Div. —.
    (Argued May 22, 1916;
    decided May 30, 1916.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for work performed and materials furnished.
    The motion was made upon the ground that the action was one for services; that the affirmance by the Appellate Division was unanimous; that permission to appeal had not been obtained; that the appeal was frivolous and taken only for delay, and that no proper return had been filed.
    
      Charles Thaddeus Terry and Edwin L. Gluck for motion.
    
      George T. Hogg opposed.
   Motion denied, without costs.  