
    Alpha Portland Cement Company, Respondent, v. Gabriel Brothers Construction Company, Appellant.
    (Submited February 23, 1915;
    decided March 2, 1915.)
    
      Alpha Portland Cement Co. v. Gabriel Brothers Constr. Co., 165 App. Div. 978, appeal dismissed.
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 10, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action on contract.
    The motion was made upon the ground of failure to file the undertaking and otherwise prosecute the appeal.
    
      Louis H. Porter for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ,  