Ordered that the appeal of the defendant Glazier's Hardware Products, Inc., is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (22 NYCRR 670.8 [c] [1], [2]); and it is further,
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The defendant Makita Electric Works, Ltd., failed to meet its burden of proving that it was entitled to judgment as a
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