event. Held, that upon all the evidence the [ HENDRICK, Respondent, v. BIGGAR, Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by Agnes Mary Hendrick against Laura Biggar. No opinion. Motion granted, without costs. See, also, 151 App. Div. 522, 136 N. Y. Supp. 306. HINMAN, Respondent, v. KILMER et al., Appellants. (Supreme Court, Appellate Division, Third Department. September 27, 1912.) Action by Harvey D. Hinman against Willis Sharp Kilmer and another. No opinion. Appeal withdrawn. HOECKER, Respondent, v. O'CONNOR, Appellant. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Emma Hoecker against Mary J. O'Connor. No opinion. Judgment of the County Court of Kings County affirmed, with costs. HOGAN, Respondent, v. NEW YORK CENT. & H. R. R. Co., Appellant. (Supreme Court, Appellate Division, Second Department. OctoAction by Frances Hogan, as ber 11, 1912.) administratrix, etc., against the New York Central & Hudson River Railroad Company. PER CURIAM. Judgment and order affirmed, with costs. THOMAS and CARR, JJ., dissent. HOOK, Appellant, v. GERMAN-AMERI HORTON et al. v. THOMAS MCNALLY CO. (Supreme Court, Appellate Division, Second Department. November 1, 1912.) Action by Chauncey S. Horton and others against the Thomas McNally Company. PER CURIAM. Without considering the merits of the controversy or the validity of the order appealed from, but solely in view of the intense personal hostility between the receivers, disclosed by the papers, we think the progress of the important public work involved will be expedited by a denial of the stay asked for pending the hearing and determination of the appeal. The motion is therefore denied, withwithout prejudice to a renewal of the motion, out costs, and the temporary stay vacated, but should a speedy hearing of the appeal be unduly delayed by the respondents. See, also, 137 N. Y. Supp. 1123. HOWLEY, Appellant, v. C. R. MALTBY Division, Fourth Department. CO., Respondent. (Supreme Court, Appellate October 16, 1912.) Action by Mary Howley against the C. R. Maltby Company. No opinion. Motion to dismiss appeal granted, without costs. HOWLEY, Respondent, v. KELLY, AppelSecond Department. October 4, 1912.) Action lant, et al. (Supreme Court, Appellate Division, by Thomas P. Howley against Michael J. Kelly and others. No opinion. with $10 costs and disbursements. Order affirmed, In re HUGHES. (Supreme Court, Appellate Division, First Department. November 1, 1912.) In the matter of C. Von Oden Hughes. No opinion. Proceeding dismissed. Settle order on notice. See, also, 150 App. Div. 905, 135 N. Y. Supp. 1118. CAN BANK et al., Respondents. (Supreme In re IRVING. (Supreme Court, Appellate HORTON et al. v. THOMAS MCNALLY CO. (Supreme Court, Appellate Division, Second Department. October 18, 1912.) Action by Chauncey S. Horton and others against the Thomas McNally Company. JACOBS, Respondent, v. CIANCIMINO, Appellant. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Charles C. Jacobs against Peter Ciancimino. No opinion. Judgment and order afSee, also, 147 App. Div. firmed, with costs. PER CURIAM. Receiver Paine, if he desire, may file a brief herein by Tuesday, Octo-518, 132 N. Y. Supp. 283. ber 22, 1912, at the same time serving a copy thereof upon the various parties, respectively, who have appeared herein, who may have two days thereafter to file briefs in answer. See, also, 137 N. Y. Supp. 1123. JACOBS, Respondent, v. H. J. KOEHLER SPORTING GOODS CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by Hen ry Jacobs, as administrator, etc., against the H. J. Koehler Sporting Goods Company. PER CURIAM. Judgment and order affirmed, with costs, upon the authority of Jacobs v. Koehler Sporting Goods Co., 147 App. Div. 907, 131 N. Y. Supp. 1121, and also upon the authority of Simkoff v. Lehigh Valley R. R. Co., 190 N. Y. 256, 83 N. E. 15, Marius v. Motor Delivery Co., 146 App. Div. 608, 131 N. Y. Supp. 357, and Ardolino v. Reinhardt, 130 App. Div. 119, 114 N. Y. Supp. 508. JAMES EVERARD'S BREWERIES, Appellant, v. MCGOVERN et al., Respondents. (Supreme Court. Appellate Division, First Department. October 18, 1912.) Action by James Everard's Breweries against Michael McGovern and others. D. M. Neuberger, of New York City, for appellant. B. H. Stern, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and dis bursements. Order filed. JESSUP v. PLATT. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Henry W. Jessup against Edward T. Platt, as treasurer, etc. No opinion. Application denied, with $10 costs. Order signed. In re JONES. (Supreme Court, Appellate Division, Second Department. October 18. 1912.) In the matter of the application of Thomas Catesby Jones for admission to the bar. No opinion. Application granted. JOSEPH, Respondent, v. HERZIG, Appellant. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Jeanette H. Joseph against Irwin M. Herzig. A. G. Meyer, of New York City, for appellant. W. F. Severance, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion granted, on payment of taxable costs of action to date. Order filed. JOSEPH, Appellant, v. WEISS et al., Respondents. (Supreme Court, Appellate Divi KATONA v. SCHOCK. (Supreme Court, Appellate Division, First Department. vember 1, 1912.) Action by John Katona against Gustav Schock. No opinion. Motion granted, with $10 costs. Order filed. late Division, Second Department. October 29, In re KAUFMAN. (Supreme Court, Appel1912.) In the matter of the application of Maurice Kaufman for the determination of the sufficiency of the alleged independent certificate of nomination of John O. Nelson, for Representative in Congress from the Tenth Congressional District, Kings County. From an order, the Board of Elections of the City of New York appeals. PER CURIAM. Order of the County Court of Kings County modified, without costs, by directing the board of elections not to print the name of John O. Nelson under the designation "Independent Progressive," but to print such name under such other designation as may be chosen by the signers of his certificate, and, upon their failure to choose another designation, to select one for them. KELLER, Respondent, v. HALSEY et al., Appellants. (Supreme Court, Appellate Division, First Department. November 8, 1912.) Action by William B. Keller against Chas. D. Halsey and others. W. M. K. Olcott, of New York City, for appellants. O. Horwitz, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 136 App. Div. 940, 121 N. Y. Supp. 1137. KELLER, Respondent, v. HARRIS et al., opellants. (Supreme Court, Appellate Divion, First Department. November 8, 1912.) tion by Joseph Keller against Isaac Harris d another. B. C. Loder, of New York City, Tappellants. S. Fine, of New York City, rrespondent. No opinion. Judgment and Order filed. der affirmed, with costs. KELLEY, Respondent, v. AUBURN & S. (Supreme LECTRIC R. CO., Appellant. ourt, Appellate Division, Fourth Department. ctober 16, 1912.) Action by John Kelley gainst the Auburn & Syracuse Electric Railad Company. PER CURIAM. , with costs. SPRING, J., not sitting. Judgment and order affirm KELLY, Appellant, v. NASSAU ELECTRIC . CO., Respondent. (Supreme Court, Appelte Division, Second Department. November 5, 1912.) Action by James Kelly against the assau Electric Railroad Company. No opinon. Judgment unanimously affirmed, with osts. KELLY, Appellant, v. NASSAU ELECTRIC R. CO., Respondent. (Supreme Court, Appelate Division, Second Department. November 5, 1912.) Action by Bella Kelly against the Nassau Electric Railroad Company. No opinon. Judgment unanimously affirmed, with osts. KELLY ASPHALT BLOCK CO., Respondent, v. BARBER ASPHALT PAVING CO., Appellant. (Supreme Court, Appellate Diviion, Second Department. November 1, 1912.) Action by the Kelly Asphalt Block Company gainst the Barber Asphalt Paving Company. No opinion. Judgment and order affirmed, with costs. See, also, 136 App. Div. 22, 120 N. Y. Supp. 163. KESSLER, Respondent, v. TOWN OF ASHFORD, Appellant. (Supreme Court, Appellate October 18, Division, Fourth Department. 1912.) 1125 Action by Herman Kessler against the Town of Ashford. PER CURIAM. Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the evidence fails to establish actionable negligence against the defendant. See, also, 143 App. Div. 958, 128 N. Y. Supp. 1129. (Supreme In re KILLAN'S ESTATE. Court, Appellate Division, Fourth Department. October 16, 1912.) In the matter of the estate of Mary Killan, deceased. PER CURIAM. Motion to amend decision (143 App. Div. 956, 960, 129 N. Y. Supp. 1130) denied, with $10 costs. SPRING, J., not sitting. KINNEY, Respondent, v. KINNEY et al., Appellants. (Supreme Court, Appellate DiviOctober 2, 1912.) sion, Fourth Department. Action by John L. Kinney against John W. Kinney and another. No opinion. Motion for reargument (of 136 N. Y. Supp. 1139) denied, with $10 costs. In re KIRBY (Supreme Court, Appellate Di vision, First Department. November 1, 1912.) In the matter of Garrett Kirby. No opinion. Respondent disbarred. Settle order on notice. (Supreme KIST v. R.. M. HAAN & CO. Court, Appellate Division, Second Department. Action by Christina Kist October 4, 1912.) against R. M. Haan & Co. No opinion. Motion to dismiss appeal granted, with costs. See, also, 127 App. Div. 901, 111 N. Y. Supp. 59. KLAW, Appellant, v. NEW YORK PRESS (Supreme Court, Appellate October 18, CO., Respondent. First Department. Division, D. Gerber, of New 1912.) Action by Marc Klaw against the New F. P. Ufford, of York Press Company. York City, for appellant. New York City, for respondent. No opinion. Order modified, as stated in order filed, and, as Order filed. modified, affirmed, without costs. See, also, 151 App. Div. 720, 136 N. Y. Supp. 224. 1912.) Action by Abraham Korn against the Illinois Surety Company. N. L. Keach, of New York City, for appellant. J. Rosenzweig, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. KOSTER, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. November 1, 1912.) Action by Emil N. Koster against the City of New York. No opinion. Judgment and order unanimously affirmed, with costs. In re KUEHNERT. (Supreme Court, Ap pellate Division, First Department. October 18, 1912.) In the matter of Robert Kuehnert, an attorney. No opinion. Stay continued until November 1st. Referee then to proceed. Settle order on notice. See, also, 136 N. Y. Supp. 1139. KUNTZ, Appellant, v. BROOKLYN, Q. C. & S. R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. November 1, 1912.) Action by Edward W. Kuntz against the Brooklyn, Queens County & Suburban Railroad Company. No opinion. Order of the County Court of Kings County unanimously affirmed, with costs. In re LA FAR. (Supreme Court, Appellate Division, First Department. November 1, 1912.) In the matter of Arthur B. La Far. No opinion. Referred to official referee. Set tle order on notice. LAMCHICK et al. v. ACKERMAN et al. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Louis Lamchick and others against David Ackerman and others. No opinion. Application denied, with $10 costs. Order signed. See, also, 130 N. Y. Supp. 144. dau against Henry Solomons and others. No opinion. Motion denied, with $10 costs. Order filed. LAWRENCE, Respondent. v. A. B. ADAMS, Inc., Appellant. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Benjamin B. Lawrence against A. B. Adams, Incorporated. R. Krause, of New York City, for appellant. P. J. Rose, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. LEAVITT, Respondent, v. ENOS, Appellant. (Supreme Court, Appellate Division, First Delian B. Leavitt against Chas. H. Enos, as expartment. October 18, 1912.) Action by Lilecutor. J. N. Hayes, of New York City, for appellant. M. D. Steuer, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 136 N. Y. Supp. 1139. LEAVITT, Respondent, V. LICHTENSTEIN, Appellant. (Supreme Court, Appellate Division, Fourth Department. October 2, 1912.) Action by William Leavitt against Rudolph Lichtenstein. No opinion. Judgment and order affirmed, with costs. See, also, 145 App. Div. 904, 129 N. Y. Supp. 1132. LEE, Respondent, v. TOMPKINS, Appellant. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Clara Lee against Frank O. Tompkins. PER CURIAM. Order affirmed, with $10 costs and disbursements. BURR, J., dissents. LEHNERT v. F. V. SMITH CONTRACTING CO. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Charles Lehnert, an infant, etc., against the F. V. Smith Contracting Company. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. LEHNERT v. F. V. SMITH CONTRACTING CO. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Michael Lehnert against the F. V. Smith Contracting Company. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. LE ROUX, Respondent, v. ARGUS CO., Appellant. (Supreme Court, Appellate Division, Third Department. September 11, 1912.) Action by Joseph Le Roux against the Argus Company. LAMPHERE, Respondent, v. FINCK et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. October 2, 1912.) Action by Loren J. Lamphere against Henry Finck and others. No opinion. Motion to amend decision (136 N. Y. Supp. 1139) denied, with $10 costs. Motion for reargument dePER CURIAM. Judgment and order reversnied, with $10 costs. Motion for leave to ap-ed, and new trial granted, with costs to appel peal to Court of Appeals denied. LANDAU v. SOLOMONS et al. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by August A. Lan lant to abide event, upon the ground that the court erroneously charged that the burden of proof rested with the defendant to show that it was not negligent in maintaining a grating in the sidewalk. KRUSE, J., dissents. LESSINGER, Respondent, v. HERSHBERG | and judgment directed for the defendant upon et al., Appellants. (Supreme Court, Appellate the verdict, with costs. Division, Fourth Department. October 16, 1912.) Action by Louis Lessinger against Isaac Hershberg and another. No opinion. Judgment affirmed, with costs. LUNDBERG, Respondent, v. LEHIGH VALLEY R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. October LIEBLER et al., Respondents, v. SHU-8, 1912.) Action by Carl E. Lundberg against BERT, Appellant. (Supreme Court, Appellate the Lehigh Valley Railroad Company. No opinDivision, First Department. November 1, ion. Judgment and order affirmed, with costs. 1912.) Action by Theodore A. Liebler and another against Lee Shubert. B. N. Cardozo, of New York City, for appellant. D. Gerber, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. lant. LIVINGSTON, Respondent, v. FOX, Appel(Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Walter Livingston, an infant, etc., against John A. Fox. No opinion. Judgment and order unanimously affirmed, with costs. In re LUNDY. (Supreme Court, Appellate Division, Fourth Department. October 8, 1912.) In the matter of the application of George M. Lundy for the removal of Peter C. Foley as Mayor of the City of Olean. PER CURIAM. Proceedings dismissed, with costs. Held, that this court has no jurisdiction to entertain the proceedings, because the mayor of the city of Olean is not a town officer within the meaning of the charter. LUTKINS v. LUTKINS. (Supreme Court, Appellate Division, Second Department. Oc(Su-tober 4, 1912.) Action by Mary Lutkins against Theodore L. Lutkins, Jr. No opinion. Motion denied, without costs. See, also, 136 N. Y. Supp. 1140. LOCKWOOD v. WIGHTMAN et al. preme Court, Appellate Division, Second Department. October 4, 1912.) Action by Annie L. Lockwood against Hester C. Wightman and others. No opinion. Motions denied, without costs. See, also, 136 N. Y. Supp. 1140. In re LONG. (Supreme Court, Appellate Division, Second Department. September 16, 1912.) Petition of James L. Long to review the action of the Senatorial District Committee of the Democratic party for the First Senatorial District of the State of New York. Henry P. Keith, as chairman, etc., and Thomas H. O'Keefe, appeal. No opinion. Order affirmed, without costs. Motion for stay denied, and temporary stay vacated. LYON, Respondent, v. BAILEY et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by James W. Lyon against Halycon G. Bailey and others, impleaded with Walter Lyon and others. (Appeal No. 1.) No opinion. Appeal (from 130 N. Y. Supp. 815) withdrawn on consent, without costs. LYON, Respondent, v. BAILEY et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by James W. Lyon, as administrator, etc., of Lavina M. Hooper, deceased, against Tamar LONGWORTH, Respondent, v. EAST RIV-L. Bailey and others, impleaded, etc. (Appeal ER NAT. BANK, Appellant. (Supreme Court, No. 2.) No opinion. Appeal (from 130 N. Y. Appellate Division, First Department. Novem- Supp. 815) withdrawn on consent, without costs. ber 1, 1912.) Action by Irving T. Longworth against the East River National Bank. E. O. Anderson, for appellant. R. H. Griffin, of New York City, for respondent. No opinion. Judgment affirmed, with costs, with leave to defendant to answer on payment of costs. Order filed. MCCANN v. HAMILTON TRUST CO. et al. (Supreme Court, Appellate Division, Second Department. October 18, 1912.) Action by Richard McCann against the Hamilton Trust Company and others. No opinion. Appeal dismissed, without costs. MCCARTHY, Appellant, v. TURNER et al., Respondents. (Supreme Court, Appellate Division, Second_Department. November 15, 1912.) Action by James McCarthy against Solon E. No opinion. Judgment Turner and another. and order unanimously affirmed, with costs. McCLARTY v. GIROUX. (Supreme Court, Appellate Division, First Department. November 1, 1912.) Action by Clint McClarty against Eugene L. Giroux. No opinion. Motion granted, with $10 costs. Order filed. See, also, 145 App. Div. 923, 130 N. Y. Supp. 1118. In re MCDONALD. (Supreme Court, Appellate Division, First Department. October 18, |
