Majority
p. 740The Bowery Savings Bank, Plaintiff, v. Nosmo Realty Corporation and Others, Defendants, Impleaded with Frederick Construction and Engineering Company, Appellant, and Philip Roth, Respondent.
Motion to dismiss appeal granted, with ten dollars costs, unless appellant procure record on appeal and appellant’s points so appeal can be argued on or before October 8, 1926. Present — Clarke, P. J., Dowling, Merrell, McAvoy and Wagner, JJ.