City, for appellant. C. J. Nehrbas, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements, on opinion in Flaxman v. Hennessy, 74 Misc. Rep. 166, 134 N. Y. Supp. 145, affirmed on opinion below, 149 App. Div. 952, 134 N. Y. Supp. 1143. Order filed. PERKINS et al. v. CONSOLIDATED ESTATES CO. (Supreme Court, Appellate Division, Third Department. September 27, 1912.) Action by Frank Perkins and another against the Consolidated Estates Company. No opinion. Order reversed, without costs, and motion granted, without costs, on the authority of Birmingham v. Squires, 139 App. Div. 129, 123 N. Y. Supp. 906. PETUR, Appellant, v. ERIE R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by James Petur, by Samuel Petur, his guardian ad litem, against the Erie Railroad Company. No opinion. Motion denied, without costs. See, also, 151 App. Div. 578, 136 N. Y. Supp. 79. PHILLIPS et al., Appellants, v. WISNER, Respondent. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Harriet H. Phillips and another, as administrators, etc., of Anna E. Comer, deceased, against Henry G. Wisner, as executor, etc., of John H. Comer, deceased. PER CURIAM. Judgment modified, so as to direct that sufficient funds be delivered to the plaintiffs to pay such legacies as remain unpaid, and also to meet expenses of administration and distribution, and, as so modified, affirmed, without costs to either party. PHILLIPS, Respondent, et al. v. WISNER, Appellant. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Harriet H. Phillips and George W. Murray, as administrators, etc., of Anna E. Comer, deceased, against Henry G. Wisner, as executor, etc., of John H. Comer, deceased. No opinion. Judgment (75 Misc. Rep. 278, 132 N. Y. Supp. 1006) affirmed, with costs. PIERCE, Appellant, v. BOLLERT et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by Benson H. Pierce against Florence B. Bollert and others. No opinion. Judgment affirmed, with costs. PITTSBURGH-WESTMORELAND CO., Respondent, v. KERR et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. October 8, 1912.) Action by the Pittsburgh-Westmoreland Company against John K. Kerr and others. No opinion. Interlocutory judgment (135 N. Y. Supp. 1088) affirmed, with costs, with leave to the defendant to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal. PLAINE, Respondent, V. BROOKLYN HEIGHTS R. CO., Appellant, et al. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Frances Plaine, an infant, etc., against the Brooklyn Heights Railroad Company and Henry Coghlan. No opinion. Judgment and order unanimously affirmed, with costs. PLAISTED v. SYRACUSE, L. S. & N. R. Fourth Department. October 8, 1912.) Action CO. (Supreme Court, Appellate Division, by Nellie Plaisted against the Syracuse, Lake Shore & Northern Railroad Company. No opinion. Appeal dismissed, without costs, up on stipulation filed. PYNE, Respondent, v. CURRAN et al., Appellants. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Anne Pyne against Catherine Curran and others. W. G. Mulligan, of New York City, for appellants. W. E. Ernst, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PER CURIAM. Order affirmed, with $10 costs and disbursements. QUARANTA, Respondent, V. GRIFFIN- |partment. September 10, 1912.) Action by WHITE SHOE CO., Appellant. (Supreme the Realty Protective Company against the Court, Appellate Division, Second Department. Cord Meyer Company, impleaded with another. November 1, 1912.) Action by Thomaso Quar- (Appeal No. 1.) anta against the Griffin-White Shoe Company. PER CURIAM. Order of the County Court of Kings County reversed, with $10 costs and disbursements, and motion granted, without costs, on the ground that the defendant, on the face of the motion papers, was entitled unquestionably to the relief sought. See, also, 136 N. Y. Supp. 1145. QUAYLE & SON, Respondent, v. LAWSON HOSE CO. NO. 5, Appellant. (Supreme Court, Appellate Division, Third Department. September 27, 1912.) Action by Quayle & Son against the Lawson Hose Company (No. 5.) No opinion. Order affirmed, with $10 costs and disbursements. QUINN, Respondent, v. NASSAU ELECTRIC R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Peter J. Quinn against the Nassau Electric Railroad Company. No opinion. Judgment and order of the County Court of Kings County unanimously affirmed, with costs. Ac RADNER, Respondent, V. LOCKPORT LIGHT, HEAT & POWER CO., Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. October 8, 1912.) tion by Ida H. Radner, as administratrix, etc., against the Lockport Light, Heat & Power Company, impleaded with another. No opinion. Interlocutory judgment affirmed, with costs, with leave to the defendant to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal. RAFKIN, Appellant, v. SOUTHERN PAC. CO., Respondent. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by Peter Rafkin against the Southern Pacific Company. No opinion. Order denying motion for new trial unanimously affirmed, with costs. RAMMAURO, Respondent, v. ILLINOIS SURETY CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by Francesco Rammauro against the Illinois Surety Company. No opinion. Judgment and order affirmed, with costs. WOODWARD, J., dissents. REALTY PROTECTIVE CO., Appellant, v. PER CURIAM. WOODWARD, J., dissents. REEVE, Appellant, v. REEVE, Respondent. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Oscar M. Reeve, an infant, by John T. Reeve, his guardian ad litem, against Anna McKenna Reeve. Judgment affirmed, with PER CURIAM. costs. WOODWARD, J., dissents REIGLE, Respondent, v. LEHIGH VALLEY R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. October 8, 1912.) Action by Willis W. Reigle, an infant, etc., against the Lehigh Valley Railroad Company. No opinion. Judgment and order affirmed, with costs. REIZENSTEIN, Appellant, v. MILLER et al., Respondents. (Supreme Court, Appellate Division, Second Department, November 1, 1912.) Action by Charles Reizenstein against Abraham Miller and others. No opinion. Judgment affirmed, with costs. = RENAULT FRÈRES SELLING BRANCH, Inc., V. SEWELL & ALDEN. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by the Renault Frères Selling Branch, Incorporated, against Sewell & Alden. No opinion. Motion granted. Settle order on notice. See, also, 136 N. Y. Supp. 800. RENKAFF, Respondent, v. NASSAU ELECTRIC R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Abraham RenRASTETTER et al. v. HOENINGER et al. kaff against the Nassau Electric Railroad Com(Supreme Court, Appellate Division, First De-pany. No opinion. Judgment and order unanipartment. October 18, 1912.) Action by Eliz-mously affirmed, with costs. abeth Rastetter and others against John C. Hoeninger, as executor, and others. No opinion. Motion denied, with $10 costs. Order filed. See, also, 136 N. Y. Supp. 961. REALTY PROTECTIVE CO., Appellant, v. CORD MEYER CO., Respondent, et al. (Supreme Court, Appellate Division, Second De REYNOLDS, Appellant, v. TOWNSEND et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by Mabel A. Reynolds, as executrix, etc., of George Osmar Reynolds, deceased, against James M. Townsend and others. No opinion. Judgment affirmed, with costs. R. G. PACKARD CO., Appellant, v. CITY |lo and another, impleaded with others. (Action OF NEW YORK, Respondent. (Supreme No. 7.) No opinion. Judgment affirmed, with Court, Appellate Division, First Department. costs. See, also, 137 N. Y. Supp. 1140. October 18, 1912.) Action by the R. G. Packard Company against the City of New York. A. B. Kellogg, of New York City, for appellant. C. L. Barber, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 137 N. Y. Supp. 9. RICHFIELD COMMERCIAL & SAVINGS BANK, Respondent, v. PURDY, Appellant. (Supreme Court, Appellate Division, First Department. October 25, 1912.) Action by the Richfield Commercial & Savings Bank against Sarah F. Purdy, as executrix. F. S. Gannon, Jr., for appellant. G. J. McDonnell, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. Ac RILEY, Respondent, v. RANSOM et al., Appellants. (Supreme Court, Appellate Division, Second Department. October 18, 1912.) tion by Elizabeth B. Riley against Eleanor M. Ransom and others. No opinion. Motion to dismiss appeal denied, with $10 costs. RITCHEY, Appellant, v. RITCHEY, Respondent. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by Sarah P. Ritchey against Henry F. Ritchey. J. Newman, of New York City, for appellant. W. L. Stone, of New York City, for respondent. No opinion. Order affirmed, without prejudice to renewal on proof of change in defendant's financial condition. Order filed. In re ROBINSON. (Supreme Court, AppelOctober 18, RIDER, Respondent, v. GALLO et al., Ap- late Division, First Department. 1912.) In the matter of Geo. Robinson, an pellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) attorney. With this case has been consolidated Action by Edward W. Rider against Saverio in this court cases bearing titles as follows: Gallo and another, impleaded with others. Matter of William A. Hayes, an attorney; Mat(Action No. 2.) No opinion. Judgment after of Clifford L. Beare, an attorney; Matter firmed, with costs. See, also, 137 N. Y. Supp. 1140. RIDER, Respondent, v. GALLO et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Edward W. Rider against Saverio Gallo and another, impleaded with others. (Action No. 3.) No opinion. Judgment affirmed, with costs. See, also, 137 N. Y. Supp. 1140. RIDER, Respondent, v. GALLO et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Edward W. Rider against Saverio Gallo and another, impleaded with others. (Action No. 4.) No opinion. Judgment affirmed, with costs. See, also, 137 N. Y. Supp. 1140. RIDER, Respondent, v. GALLO et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Edward W. Rider against Saverio Gallo and another, impleaded with others. (Action No. 5.) No opinion. Judgment affirmed, with costs. See, also, 137 N. Y. Supp. 1140. of Edward V. Slauson, an attorney; and Matter of Chester A. Bayliss, an attorney. No opinions. Referred to official referee. Settle orders on notice. In re ROESCH. (Supreme Court, Appellate October 18, Division, Second Department. 1912.) In the matter of John B. Roesch, an attorney. No opinion. The proceeding is abated by the death of the respondent. ROGERS, Respondent, v. ATLANTIC, G. & P. CO., Appellant. (Supreme Court, Appellate Division, Third Department. September 11, 1912.) Action by Elizabeth M. Rogers against Νο the Atlantic, Gulf & Pacific Company. opinion. Judgment and order unanimously affirmed, with costs, on the authority of Dix v. Jaquay, 94 App. Div. 554, 88 N. Y. Supp. 228, and the former decision in this case, 142 App. Div. 923, 127 N. Y. Supp. 1141. ROGERS, Respondent, V. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. October 2, 1912.) Action by Sadie M. Rogers, as administratrix, etc., against the New York Central & Hudson River Railroad Company. No opinion. Order affirmed, with $10 costs and disbursements. ROGOWSKI v. BRILL (two cases). (Su RIDER, Respondent, v. GALLO et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Edward W. Rider against Saverio Gal-preme Court, Appellate Division, First Departlo and another, impleaded with others. (Action No. 6.) No opinion. Judgment affirmed, with costs. See, also, 137 N. Y. Supp. 1140. RIDER, Respondent, v. GALLO et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by Edward W. Rider against Saverio Gal ment. November 1, 1912.) Actions by Henri Rogowski against Max Brill. No opinion. Applications granted. Orders signed. See, also, 74 Misc. Rep. 472, 132 N. Y. Supp. 370; 132 N. Y. Supp. 1144. ROMAIN, Respondent, v. LONG ISLAND R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by Frank Romain, Jr., an infant, etc., against the Long Island Railroad Company. No opinion. Motions denied, without costs. See, also, 136 N. Y. Supp. 1146. ROONEY, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by John Rooney against the Brooklyn Heights Railroad Company. No opinion. Judgment and order of the County Court of Queens County unanimous ly affirmed, with costs. In re ROSE. (Supreme Court, Appellate Division, Third Department. September 27, 1912.) In the matter of the judicial settlement of the accounts and proceedings of Elmer Rose, administrator, etc., of the estate of Peter Rose, deceased, and in the matter of the appeal of said Elmer Rose, as such administrator, from part of decree and decision of the Surrogate's Court of the County of Rensselaer, allowing claim of J. A. Sipperly for legal services, etc. PER CURIAM. Motion to dismiss denied, provided the appellant serves a notice of appeal on the next of kin and files a proper bond under section 2577, Code Civ. Proc., to perfect his appeal within 10 days, and pays respondent $10 costs of this motion within 10 days after service of the order of this court on appellant's attorney; otherwise, motion granted, with $10 costs to respondent. ROSELLE. Respondent, v. BROOKLYN, Q. C. & S. R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Harry Roselle against the Brooklyn, Queens County & Suburban Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs. In re SANBORN. ROSENBAUM, Respondent, v. LEVIN, Ap-ments. pellant. (Supreme Court. Appellate Division, Second Department. October 4, 1912.) Action by William Rosenbaum against Morris Levin. No opinion. Order affirmed, with $10 costs and disbursements. No In re ROWLAND et al. (Supreme Court, Appellate Division, Second Department. vember 15, 1912.) In the matter of the judicial settlement of the account of Laura E. Rowland and others, in which the Brooklyn Trust Company, as trustee, and Richard M. Henry, as special guardian, etc., are appellants. No opinion. Motions to dismiss appeals denied, without costs. See, also, 137 N. Y. Supp. 1010. In re RUDDICK. (Supreme Court, Appellate Division, First Department. October 18, 1912.) In the matter of William B. Ruddick. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. RUSSELL v. AMERICAN GAS & ELECTRIC CO. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action Charles M. Russell against the Amer (Supreme Court, Appellate Division, Second Department. October 11, 1912.) In the matter of Addison S. Sanborn, an attorney. PER CURIAM. The practice of using, even payment, the money of a client by his lawyer, temporarily and with purpose of immediate rewithout authority, is condemned, and has in the present instance resulted in painful consequences professional conduct, it is unnecessary to proto respondent; but, in view of his usual good ceed farther in matter of discipline. SANDFORD v. CRANE et al. Court, Appellate Division, Second Department. (Supreme November 15, 1912.) Action by Isabel Sandford against Antoinette Crane and others. No opinion. Judgment affirmed, with costs. SARANAC LAND & TIMBER CO., Respondent, v. ROBERTS, Comptroller, Appellant. (Supreme Court, Appellate Division, Third Department. September 27, 1912.) Action by the Saranac Land & Timber Company against James A. Roberts, as Comptroller, etc. (Action No. 1.) No opinion. Judgment and order unanimously affirmed, with costs. SARANAC LAND & TIMBER CO., Respondent, v. ROBERTS, Comptroller, Appellant. (Supreme Court, Appellate Division, Third Department. September 27, 1912.) Action by the Saranac Land & Timber Company against James A. Roberts, as Comptroller, etc. (Action No. 2.) No opinion. Judgment and order unanimously affirmed, with costs. a common-law action for such negligence, de fendant is not liable. SCOTT V. SMITH. (Supreme Court, Appellate Division, First Department. October 18, 1912.) Action by William Scott against Francis D. Smith. No opinion. Application denied, with $10 costs. Order signed. SCUNDI, Respondent, v. STEPHENS, Appellant. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) AcSCHMINKE et al., Respondents, v. ROSEN- tion by Giovanni Scundi against John F. SteBERG, Appellant. (Supreme Court, Appel-phens. No opinion. Judgment affirmed, with late Division, Fourth Department. October 2, costs. 1912.) Action by George C. Schminke and another against Anna Rosenberg. No opinion. Judgment affirmed, with costs. New trial to be had in Rochester Municipal Court on the 16th day of October, 1912, at 10 o'clock in the forenoon. See, also, 136 App. Div. 915, 120 N. Y. Supp. 1145. SCOTT v. KELLY. (Supreme Court, Appellate Division, Second Department. October 11, 1912.) Appeal from Westchester County Court. Action by George H. Scott against George T. Kelly. From a judgment in favor of plaintiff, and from an order denying plaintiff's motion for a new trial, defendant appeals. Affirmed, without opinion. Harold S. Recknagel, of New York City, for appellant. William A. Walsh, of Yonkers, for respondent. PER CURIAM. Judgment and order of the County Court of Westchester County affirmed, with costs. HIRSCHBERG, WOODWARD, and RICH, JJ., concur. BURR, J. I dissent. Plaintiff was not injured by a defective scaffold. If the plank which was laid on the brick piers 16 inches high, which was placed on the regular scaffold, could itself be called a scaffold, and if we should concede that it was a defective scaffold, plaintiff was not injured thereby. Defendant was removing this improper structure, when one of plaintiff's fellow servants carelessly dropped a brick and injured him. This being SEALY, Respondent, v. COHN, Appellant. (Supreme Court, Appellate Division, Second Department. September 10, 1912.) Action by Lillian D. Sealy against Hugo Cohn. No opinion. Judgment affirmed, with costs. TER CO. (Supreme Court, Appellate Division, SELLS et al. v. AUTOGRAPHIC REGISFirst Department. June 22, 1912.) Action by Elijah W. Sells and others against the Autographic Register Company. No opinion. Motion to dismiss appeal denied, with $10 costs. Order filed. See, also, 134 N. Y. Supp. 1085; 136 N. Y. Supp. 1147. TER CO. (Supreme Court, Appellate Division, First Department. June, 1912.) Action by graphic Register Company. No opinion. MoElijah W. Sells and others against the Autotion to dismiss_appeal denied, with $10 costs. SELLS et al. v. AUTOGRAPHIC REGIS SHEEHAN, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. han, as administrator, etc., against the New October 8, 1912.) Action by Jeremiah Shee York Central & Hudson River Railroad Company. PER CURIAM. Judgment and order affirmed, with costs. SPRING, J., not sitting. SHEELEY, Respondent, v. WILLIAMS, Appellant. (Supreme Court, Appellate Division, Second Department. November 15, 1912.) Action by David Sheeley against Eliza Jane WilNo opinion. Judgment and order affirmed, with costs. liams. SHELLAS et al., Appellants, v. ARVERNE BLDG. CO., Respondent. (Supreme Court, Appellate Division, Second Department. October 4, 1912.) Action by George W. Shellas and another against the Arverne Building Company. No opinion. Judgment of the County Court of Kings affirmed, with costs. SHOYER et al. v. PHOENIX KNITTING WORKS. (Supreme Court, Appellate Division, First Department. November 8, 1912.) Appeal from Special Term, New York County. Action |