
    Henry Steers, Inc., Respondent, v. Hewlett Bay Company, Appellant.
    Reported below, 171 App. Div. 913.
    (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 December 10, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover compensation for additional work and expense in the performance of a contract.
    The motion was made upon the ground that the action was for services; that permission to appeal had not been obtained; that the appeal was frivolous, taken solely for delay, and that no proper return had been filed.
    
      Charles Thaddeus Terry for motion.
    
      Alfred T. Davison opposed.
   Motion denied, without costs.  