
    Mogul Construction Co., Inc., Respondent, v. Albert Silverman, Appellant.
   In an action to recover a balance alleged to be due for work, labor, and services and for materials furnished, defendant appeals from an order denying his motion to dismiss the- complaint on the ground of res judicata. (Rules Civ. Prae., rule 107, subd. 4.) Order affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. No opinion. Nolan, P. J., Adel, Wenzel, MacCrate and Beldoek, JJ., concur.  