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S. C. POSNER, Inc., Applt., v. Emanuel A. / days she stipulate that the deposit with the JACKSON et al., Respts. (Supreme Court, clerk of the court of the sum of $5,500 stand as Appellate Division, First Department. June security for the payment of any judgment, and 18, 1920.) Order affirmed, with $10 costs and accept notice of trial for the June term; the disbursements, the amended answer to be served receivership to stand pending the trial. Other within five days from service of order. No wise, the order is affirmed, with $10 costs and opinion. Order filed.

disbursements. This disposition is made with out passing upon the sufficiency of the answer. Jenks, P. J., and Mills, Rich, Putnam, and

Blackmar, JJ., concur. Beatrice SELZER, Respt., v. Herbert TAY. LOR, applt. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Order reversed, and motion granted, without costs. Jacob SILFEN and Lena Silfen, respondents, No opinion. Order filed.

v: Sadie ELLMAN et al., appellants. (Supreme Court, Appellate Division, Second Department. May 28, 1920.) We see no cause to review the

action of the County Court, or of the receiver, Katherine W. SHANE, applt., v. Clarence in collecting rents, in view of our decision that ARNETT, respt. (Supreme Court, Appellate such receivership stand pending the trial. Division, Fourth Department. March 10, 1920.) Order affirmed, with $10 costs and disbursements. All concur; Lambert, J., not sitting.

In the matter of the second intermediate accounting and judicial settlement of the account

of William S. SILSBY and one, as trustees, In the Matter of the Probate of the WILL Court, Appellate Division, Fourth Department.

etc., of Horace Silsby, deceased. (Supreme of Edna I. SHARP, deceased. (Supreme Court, March 17, 1920.) Motion for leave to appeal Appellate Division, Fourth Department. May to Court of Appeals denied, with $10 costs. 21, 1920.) Decree and order affirmed, with costs. All concur.

Jacob SINGER, as administrator, etc., of SHELTER REALTY COMPANY, Inc., ap. Benjamin L. Singer, deceased, respondent, v. pellant, v. Gustaf W. MATTSON, respondent. ERIE RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division, Second De- (Supreme Court, Appellate Division, Second partment. June 4, 1920.) Motion denied with Department. June 25, 1920.) Judgment and $10 costs.

order affirmed, with costs, in accordance with Elias v. Lehigh Valley R. R. Co., 226 N. Y.

154, 123 N. E. 73. Jenks, P. J., and Mills, SHIELTER REALTY COMPANY, Inc., re- Putnam, and Blackmar, JJ., concur. Kelly, spondent, v. Gustaf W. MATTSON, 'appellant. J., votes to reverse, upon the ground that the (Supreme Court, Appellate Division, Second De evidence shows that plaintiff's intestate was partment. June 11, 1920.) Order affirmed, guilty of contributory negligence as matter of with $10 costs and disbursements. The prelim-law, and that the verdict acquitting him of coninary agreement set forth in the complaint re-tributory negligence is contrary to the evidence. fers to another draft agreement submitted by defendant's attorney to plaintiff. This draft agreement is not before the court, but evidently it is in writing, and we cannot assume that it

Herbert S. SISSON, as State Commissioner is insufficient or unenforceable. Jenks, P. J., of Excise, Respt., v. Samuel H. HERTZBERG, and Mills, Putnam, Kelly, and Jaycox, JJ.,

Applt. (Supreme Court, Appellate Division, Fourth Department. May 19, 1920.) Judge ment affirmed, with costs.

con

All concur. See,

also, 188 App. Div. 819, 177 N. Y. Supp. 361. SHELTER REALTY COMPANY, Inc., appellant, v. Gustaf W. MATTSON, respondent. (Supreme Court, Appellate Division, Second Department. June 25. 1920.) Motion to dismiss Herbert S. SISSON, as State Commissioner appeal granted, without costs.

of Excise, respt., v. Theodore KOSLOSKY et al., applts. (Supreme Court, Appellate Division, Fourth Department. May 21, 1920.)

Judgment and order aflirmed, with costs. All Jacob SILFEN and Lena Silfen, respondents, concur. v. Sadie ELLMAN, appellant, and others, defendants. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Order re- Ilerbert S. SISSOX, as State Commissioner versed, and motion granted, to the extent of of Excise, etc., appellant, v. Angelo SGAMopening the default, setting aside the judgment, MATO, respondent. (Supreme Court, Appeland permitting the defendant Ellman to inter- late Division, Second Department. May 7, pose her answer, on condition that within five | 1920.) Judgment of the City Court of Mt. Ver

cur.

(182 N.Y.S.) non_affirmed, with costs. No opinion. Jenks, ficient notice or statement was given of the P. J., and Mills, Rich, Blackmar, and Jaycox, plaintiff's injury within the time required by the JJ., concur.

Village Law. All concur.

Adolph SLOMKA, respondent, V. NASSAU ELECTRIC RAILROAD COMPANY, appel

SMITH CO., Ltd., v. George A. MICROUSlant. (Supreme Court, Appellate Division, Sec. TICOS et al. (Supreme Court, Appellate Diviond Department. June 25, 1920.)

Motion de- sion, First Department. May 21, 1920.) Monied, without costs.

tion denied, with $10 costs. Order filed.

Matilda SLOMKA, respondent, v. NASSAU Matter of Charles A. SMYTHWICK, an atELECTRIC RAILROAD COMPANY, appel-torney. (Supreme Court, Appellate Division, lant. (Supreme Court, Appellate Division, Sec- First Department. March 12, 1920.) Motion ond Department. June 25, 1920.) Motion de granted on conditions. See memo. per curiam. nied, without costs.

Settle order on notice.

concur.

In the matter of the petition of Herbert C. SMITH and Florence Fairbanks Du Val, to

Mark R. SPELMAN, respondent, v. William prove the last will and testament of Martha' M. Morris IMBRIE et al., appellants. (Supreme Brasher, deceased. (Supreme Court, Appellate Court, Appellate Division, Second Department. Division, Second Department. May 21, 1920.) June 18, 1920.) Order atfirmed, with $10 costs Motion denied, on condition that appellant per- and disbursements. No opinion. Jenks, P. J., fect the appeal, place the case on the calendar and Mills, Blackmar, Kelly, and Jaycox, JJ. for the June term, and be ready for argument when reached; otherwise, motion granted, with $10 costs.

In the Matter of Frederick G. SPENCER,

an Attorney and Counselor at Law. (Supreme Edith SMITH, appellant, v. F. B. STEARNS Court

, Appellate Division, Fourth 'Departo COMPANY and Henry L. Brittain, etc., re- tion and answer referred to Hon. Nathaniel

May 19, 1920.) Issues raised by petispondents. (Supreme Court, Appellate Divi- Foote, official referee, to take the proofs theresion, Second Department. June 25, 1920.) Moon and return the same to this court, with his tion denied, with $10 costs.

opinion thereon.

ment.

William Sidney SMITH et al., etc., respond

Augusta H. SPERRY, as executrix, etc., respondent. (Supreme Court, Appellate Divi: Court, Appellate Division. Second Department. ents-appellants, v. Dayton HEDGES, "appellant- plaintiff, v. Theodore I. UNDERHILL, 'as ad

ministrator, and others, defendants. (Supreme sion, Second Department. May 21, 1920.) June 25, 1920.) Application for order of pubJudgment unanimously affirmed, without costs: lication denied, without prejudice to a new apNo opinion. See, also, 169 App. Div. 115, 154 plication at Special Term upon proper papers, N. Y. Supp. 867.

Jenks, P. J., and Mills, Rich, Putnam, and

Jaycox, JJ., concur.
James W. SMITH, respt., v. Jennie SMITH,
applt. (Supreme Court, Appellate Division,
Fourth Department. May 21, 1920.) Motion

STANDARD CODE CO., Inc., V. Arthur

BISHOP et al. granted, and appeal dismissed.

(Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion to dismiss appeal granted, with $10.

costs, unless appellant complies with terms Anna SMITH, respt. v. TRUSTEES OF stated in order. Order filed. VILLAGE OF CLIFTON SPRINGS, applt. (Supreme Court, Appellate Division, Fourth Department, March 3, 1920.) Appeal dismissed, unless appellant shall file and serve printed

Hugh S. STANGE et al. v. Stuart WALKpapers and briefs by March 9th, and be ready ER, impld., etc. (Supreme Court, Appellate for argument on March 15th.

Division, First Department. May 21, 1920.)
Motion denied, with $10 costs. Order filed.

Annie SMITH, Respt., v. TRUSTEES OF THE VILLAGE OF CLIFTON SPRINGS, STANHOPE CONTRACTING COMPANY, Applt. (Supreme Court, Appellate Division, appellant, v. CITY OF NEW YORK, respond. Fourth Department. May 12, 1920.) Judgent. (Supreme Court, Appellate Division, Secment and order reversed, with costs, and com- ond Department. May 21, 1920.) Motion for plaint dismissed, with costs. Held, that no suf- leave to appeal to the Court of Appeals denied.

John S. STANLEY, Gorton James, and J., where the venue should be changed for the M. Richardson Lyeth, appellants, v. Frank s. convenience of witnesses, most of wbom, it GANNON, respondent. (Supreme Court, Ap- appears, are residents of the county of New pellate Division, Second Department. May 7, York. The order is therefore reversed, witb 1920.) Judgment (109 Misc. Rep. 611, 180 N. $10 costs and disbursements, and the motion Y. Supp. 602) unanimously affirmed, upon the to change the venue from Dutchess county opinion of Mr. Justice Aspinall at Special to New York county is granted, with $10 Term, with costs.

costs. Jenks, P. J., and Mills, Rich, Putnam, and Kelly, JJ., concur.

John S. STANLEY and others, appellants, v. Frank S. GANXON, respondent. (Supreme Court, Appellate Division, Second Department. STEVENS and one, Respts. (Supreme Court,

Joseph STERNBERG, Applt.. Charles June 11, 1920.) Motion denied.

Appellate Division, Fourth Department. May 12, 1920.) Order affirmed, with $10 costs and

disbursements. All concur. In the matter of the application of the STATE COMMISSION OF PRISONS, with regard to the construction, management, and affairs of NASSAU COUNTY JAIL. (Supreme Sophie STEVOLD, appellant, v. Henry C. Court, Appellate Division, Second Department. BERNHEIM, respondent. (Supreme Court, June 25, 1920.) Upon consideration of the let- Appellate Division, Second Department. June ter received from the Deputy. Attorney General, 11, 1920.) Motion to dismiss appeal granted, the application to withdraw the brief submitted without costs. is granted, and a new brief may be filed within five days.

Charles H. STODDARD, appellant, v. Ellen

Somerville EDWARDS, respondent. (Supreme Henry C. STAUBITZ, applt., v. INTERNA- Court, Appellate Division, Second Department. TIONAL RAILWAY CO., respt. (Supreme May 1, 1920.) Motion to open default granted, Court, Appellate Division, Fourth Department. upon payment of $35 within 10 days; otherMarch 17, 1920.) Judgment and order atfirm-wise, motion denied, with $10 costs. ed, with costs. All concur,

Aaron STEIN, appellant, v. Richard RA- Somerville EDWARDS, respondent. (Supreme

Charles H. STODDARD, appellant, v. Ellen VENHALL, respondent. (Supreme Court, Ap. Court, Appellate Division, Second Department pellate Division, Second Department. , May 14, June 23, 1920.) Motion to punish for con1920.) The complaint sufficiently alleges the public right to pass over and along the beach tempt denied, with $10 costs. in front of defendant's premises between high and low water mark, which is recognized as a natural public highway. People v. Steeple

Henry STOLL V. LOUIS BUSTANOBY, chase Park Co., 218 N. Y. 459, 113 N. E. 521,

Inc. (Supreme Court, Appellate Division, Ann. Cas. 1918B, 1099. If in fact defendant has title to the land in question, the burden is for stay pending appeal granted. Settle ordes

First Department. June 18, 1920.) Motion upon him to plead and prove it as matter of

on notice. defense. The order is therefore reversed, with $10 costs and disbursements, and the motion denied, with $10 costs. Jenks, P. J., and Mills, 'Rich, Putnam, and Kelly, JJ., concur. STESEL, applt. (Supreme Court, Appellate

Albert B. STONE, respt., v. George A. Division, Fourth Department. March 17,

1920.) Judgment and order affirmed, with Charles STEMBERG, respondent, v. Lladys- costs. All concur. lava STEMBERG, appellant. (Supreme Court, Appellate Division, Second Department. May 14, 1920.) Judgment unanimously affirmed, with costs. No opinion.

Lulu STOTZ, as adm's, etc., respt., Y. DI. RECTOR GENERAL OF RAILROADS and N. Y. Central R. R. Co., applt. (Supreme

Court, Appellate Division, Fourth DepartMark R. SPELMAN, respondent, v. WEST-ment. May 21, 1920.) Appeal dismissed, unINGHOUSE, CHURCH, KERR & COM- less appellant shall file and serve printed briefs P’ANY, Inc., appellant. (Supreme Court, Apwithin 60 days. pellate Division, Second Department. May 14, 1920.) The rule respecting a change of venue from a rural county to the county of New In the matter of the application of Charles York is not inflexible. Broderick v. De Mesa, STRAUSS, et al., constituting the Board of 178 App. Div. 669, 165 N. Y. Supp. 809. Water Supply of the City of New York, to We are of opinion that this case is one acquire real estate, etc., in the towns of Me

concur.

(182 N.Y.8.) Pleasant, Harrison, and North Castle, West In the matter of the petition of William M. chester County, etc. (Kensico Reservoir High- SULLIVAN to prove the last will and testaways.) (Supreme Court, Appellate Division, ment of Aaron Bancroft, late of the county of Second Department. May 21, 1920.) Order Kings, deceased. (Supreme Court, Appellate confirming report of commissioners, in so far Division, Second Department. May 21, 1920.) as it affects the property of the claimants Weber Motion for reargument denied, with $10 costs. and Stoutenburgh estate, reversed on reargument, without costs. No opinion. Jenks, P. J., and Mills, Rich, Kelly, and Jaycox, JJ.,

Bridget SULLIVAN, Applt., v. Elise BOYD, Respt. (Supreme Court, Appellate Division,

First Department. May 28, 1920.) Judgment In the matter of the application of Charles affirmed, with costs. No opinion. Order filed. STRAUSS et al., constituting the Board of Water Supply, etc., to acquire real estate, etc., in the towns of Mít. Pleasant, Harrison, and

In the Matter of the Estate of Wilder E. North Castle, Westchester County, etc. (Ken- SUMNER, deceased. (Supreme Court, Appelsico Reservoir-Highways.) (Supreme Court, late Division, Fourth Department. May 12, Appellate Division, Second Department. June

1920.) Motion granted to amend order of af. 11, 1920.) Motion denied, without costs.

firmance, so as to allow full bill of costs to respondent.

Daniel F. STROBEL, respt., v. Firman OU. SUPERTONE TALKING MACHINE CO., DERKIRK and Charles E. SNYDER, applts. Inc., v. Manuel MANDEL et al. (Supreme (Supreme Court, Appellate Division, Fourth Court, Appellate Division, First Department. Department. March 17, 1920.). Order enter- May 21, 1920.) Motion denied, with $10 costs. ed, substituting Charles E. Snyder as executor Order filed. of the last will and testament of Firman Ouderkirk, deceased, as defendant-appellant in place and stead of said Firman Ouderkirk, deceased. SUSQUEHANNA STEAMSHIP CO. v. NAHubbs, J., not sitting.

TIONAL SURETY CO. et al. (Supreme
Court, Appellate Division, First Department.
June 4, 1920.) Motion to dismiss appeal grant-

ed, with $10 costs, unless appellants comply Rose E. STUART, appellant, v. Harry T. with terms stated in order. Order filed. STUART, respondent, and Dorothy Halenbeck, corespondent. (Supreme Court, Appel. late Division, Second Department. May 14, 1920.) Judgment atfirmed, without costs. No

William S. SUSSMAN, Respt., V. COLUM

(Supreme opinion. Jenks, P. J., and Mills, Rich, Put BIA TRUST COMPANY, Applt. nam, and Blackmar, JJ., concur.

Court, Appellate Division, First Department. June 18, 1920.) Order affirmed, with $10 costs and disbursements; the date for the examina

tion to proceed to be fixed in the order. No Rose E. STUART, Respt., v. Harry T. STU- opinion. Settle order on notice. ART, Applt. (Supreme Court, Appellate Division. First Department. June 4, 1920.) Order modified, by reducing temporary alimony to $25 per week, and reducing counsel fee to $150,

Florence E. TABER, as administratrix of the and, as so modified, affirmed, without costs: goods, chattels, and credits of Harry T. Taber, No opinion. Order filed.

deceased, applt., v. William G. MCĂDOO, Director General of Railroads, respt. (Supreme Court, Appellate Division, Third Department.

May 14, 1920.) Judgment affirmed, with costs. STUYVESANT L. & B. CORPORATION, All concur, except John M. Kellogg, P. J., who Respt., v. Harry REINER, as treasurer, etc., dissents. See, also, 188 App. Div. 341, 177 N. Applt. (Supreme Court, Appellate Division, Y. Supp. 104. First Department. June 4, 1920.) Order (110 Misc. Rep. 357, 181 N. Y. Supp. 212) affirmed, with $10 costs and disbursements. No opinion. (Supreme Court, Appellate Division, First De.

Matter of Stephen D. TACTKIAN, deceased. Order filed.

partment. June 4, 1920.) Motion to dismiss

appeal granted, with $10 costs. Order filed. In the matter of the petition of William M. SULLIVAN to prove the last will and testament of Aaron Bancroft, late of the county of T. A. GILLESPIE CO., respt., v. FERGUSKings, deceased. (Supreme Court, Appellate ON STEEL & IRON Co. Inc., applt. (SuDivision, Second Department. May 21, 1920.) preme court, Appellate Division, Fourth DeMotion to resettle order granted as to costs, partment. March 3, 1920.) Motion granted, but otherwise denied without costs.

and appeal dismissed, with costs.

Anna Linoci TAMBURRANO, respt., v. Fon- | Division, Second Department. May 14. 1920.) do Unico MORTUARIO et al., applts. (Su- Judgment reversed, and new trial granted, with preme Court, Appellate Division, Fourth De- costs to abide the event, upon the ground that partment. March 17, 1920.) Judgment and plaintiff's evidence did tend to establish negorder reversed, with costs, and complaint dis-ligence upon the part of defendant's chauffeur missed, with costs. Held, that the failure of in operating his automobile. Jenks, P. J., and plaintiff's intestate to pay the monthly dues for Mills, Rich, Blackmar, and Jaycox, JJ., concur. three months, as required by defendant's bylaws, resulted in the loss of all his rights to benefits. All concur.

William THORNTON et al., as Trustees, etc., Respts., v. NORTHERN BANK OF NEW

YORK, Applt. _(Supreme Court, Appellate DiLuther W. TARBOX, as executor, etc., respt. vision,' First Department. June 18, 1920.) v. Richard H. THOMPSON and one, applts. Judgment affirmed, with costs. No opinion. (Supreme Court, Appellate Division, Fourth Order filed. Department. March 3, 1920.) Judgment and order affirmed, with costs. All concur.

TILLOTSON & WOLCOTT CO. et al., Ap

plts., v. Christoffer HANNEVIG et al., Respts. Fielding L. TAYLOR v. F. B. STEARNS (Supreme Court, Appellate Division, First DeCO. OF Onio. (Supreme Court, Appellate Di- partment. June 4, 1920.) Order affirmed, with vision, First Department. June 4, 1920.) Mo- $10 costs and disbursements. No opinion. Or.

der filed. tion denied, with $10 costs. Order filed.

Edward TOBIAS, respondent, v. Annie E. Walter F. TAYLOR v. F. B. STEARNS CO. LYNCH, appellant. (Supreme Court, AppelOF OHIO. (Supreme Court, Appellate Divi- late Division, Second Department. June 11, sion, First Department. June 4. 1920.) Mo- | 1920.) Motion denied. tion denied, with $10 costs. Order filed.

TODD PROTECTOGRAPH CO., Inc., Arthur W. TEELE v. Israel KATZ, sued as Respt., v. WELLS FARGO & CO, EXPRESS, Isaac Katz. (Supreme Court, Appellate Divi- Applt. (Supreme Court, Appellate Division, sion, First Department. May 21, 1920.) Mo-Fourth Department. May 19, 1920.) Appeal tion to dismiss appeal granted, with $10 costs. dismissed, without costs, upon stipulation filed. Order filed.

John Henry TEMPELMAN, Applt., v. Her- TOWN OF NORTH HEMPSTEAD, respondbert A. O'BRIEN, Respt. (Supreme Court, ent, v. PUBLIC SERVICE CORPORATION Appellate Division, First Department, June OF LONG ISLAND, appellant. (Supreme 18, 1920.) Judgment and order affirmed, with Court, Appellate Division, Second Department. costs. No opinion. Order filed.

May 21, 1920.) Judgment affirmed, with costs, upon the opinion of Mr. Justice Aspinall at Special Term. 107 Misc. Rep. 19, 176 N. Y.

Supp. 621. Jenks, P. J., and Mills, Rich, Kelly, Charles W. TERRY, as trustee, etc., respt., and Jaycox, JJ., concur. V. ROSS HEATER & MFG. CO., applt. (ACtion No. 1.) (Supreme Court, Appellate Division, Fourth Department. March 3, 1920.) Judgment affirmed, with costs. All concur. TOWN OF NORTH HEMPSTEAD, appelSee, also, 180 App. Div. 714, 167 N. Y. Supp. lant, v . PUBLIC SERVICE CORPORATION 747.

OF LONG ISLAND, respondent. (Action No. 4.) (Supreme Court, Appellate Division, Sec

ond Department. June 4, 1920.) Motion to Charles W. TERRY, as trustee, etc., respt., V. revive and continue injunction granted, on conROSS HEATER & MFG. Co. and one, applts. dition that appellant perfect the appeal, place (Action No. 2.) (Supreme Court, Appellate Din the cause on the calendar, and be ready for vision, Fourth Department. March 3, 1920.) argument on Tuesday, June 15, 1920. Judgment affirmed, with costs. All concur. See, also, 180 App. Div. 714, 167 N. Y. Supp. 747.

TRADERS' NATIONAL BANK OF ROCH.

ESTER, respt., v. Catherine M. AMSDEN, imRobert M. THOMSON, as executor, etc., of pleaded, etc., applt. (Supreme Court, AppelRebecca M. Thomson, deceased, appellant, v. late Division, Fourth Department. May 21, Jobi G. GASTEIGER and Eugene H. Law- 1920.) Order affirmed, with $10 costs and dislor, respondents. (Supreme Court, Appellate bursements. All concur.

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