DATE: 20050914

DOCKET: C41423

COURT OF APPEAL FOR ONTARIO

RE:

PETER LOMBARDI CONSTRUCTION INC. (Appellant (Plaintiff)) – and – MARTIN ABRAMS (Respondent (Defendant))

BEFORE:

GOUDGE, FELDMAN AND MACFARLAND JJ.A.

COUNSEL:

No one appearing

for the appellant

Robert Di Vincenzo

for the respondent

HEARD & ENDORSED:

September 9, 2005

On appeal from the judgment of Justice Ted Matlow of the Superior Court of Justice dated December 3, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] No one appearing for the appellant, the appeal is dismissed as abandoned.