Majority
p. 850Edward A. Hammer, Respondent, v. William P. McGarry Company, Appellant.
The respondent having moved for a dismissal of the appeal on the call of the calendar because of the non-appearance of appellant and failure to file a brief, the appeal is dismissed, with costs. Present — Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ.