Majority
p. 1039Frank C. Panepento, Doing Business as Oatka Hardware, Appellant, v. James Palermo, Respondent.
Judgment affirmed, with costs. All concur. (Appeal from a judgment for defendant for no cause of action in an action to recover for materials furnished and labor performed.) Present — Taylor, P. J., McCurn, Kimball, Piper and Wheeler, JJ.