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Lorge, of New York City, for appellant. W.
Ulman, of New York City, for respondents.
PER CURIAM. Judgment and order affirm-
, with costs. Order filed.
LAUGHLIN, J., dissents.

ANDREWS, Appellant, v. NEW YORK
MES CO., Respondent. (Supreme Court, Ap-
late Division, First Department. March 26,
15.) Action by Champe S. Andrews against
e New York Times Company. L. Sturcke, of
ew York City, for appellant. A. A. Cook, of
ew York City, for respondent.
No opinion.
dgment affirmed, with costs. Order filed.
e, also, 152 N. Y. Supp. 1097.

ANDREWS v. NEW YORK TIMES CO. upreme Court, Appellate Division, First Dertment. April 30, 1915.) Action by Champe Andrews against the New York Times Comny. No opinion. Motion for leave to appeal nied, with $10 costs. Order filed. See, also, 2 N. Y. Supp. 1097.

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ASPHALT PAVING & CONTRACTING CO., Appellant, v. CITY OF NEW YORK, ReTHE ANSONIA v. HEIN. (Supreme Court, spondent. (Supreme Court, Appellate Division, ppellate Division, First Department. April First Department. March 12, 1915.) Action 1915.) Action by the Ansonia against Edna by the Asphalt Paving & Contracting Company Hein. No opinion. Motion granted, unless against the City of New York. L. L. Kellogg, pellant complies with terms stated in order. of New York City, for appellant. T. Farley, of der filed. See, also, 152 N. Y. Supp. 1097. New York City, for respondent. No opinion. Judgment affirmed, with costs. Order filed. THE ANSONIA v. HEIN. (No. 7190.) (Su-See, also, 163 App. Div. 953, 148 N. Y. Supp. 1104. eme Court, Appellate Division, First Departent. April 30, 1915.) Appeal from Trial erm, New York County. Action by The Annia against Edna Valentine Hein, now known Mrs. Norman Selby. From a judgment enred upon the verdict of a jury, and from an der denying a motion for new trial, defendit appeals. Reversed, and new trial ordered. e, also, 152 N. Y. Supp. 1097. Harold M. PhilPER CURIAM. Judgment and order reverss, of New York City, for appellant. George ed, and new trial granted, with costs to appel. Pinney, of New York City, for respondent. against the weight of the evidence, and that the lant to abide event. Held, that the verdict is PER CURIAM. The plaintiff has failed to plaintiff failed to prove that the alleged negli stain the burden of proof that the alterations the lease sued on were made before signa-gence of defendant, which it is claimed caused re by the plaintiff and delivery. The judg- in two years immediately preceding his death. the death of plaintiff's intestate, occurred withent and order appealed from must therefore reversed, and a new trial ordered, with costs appellant to abide the event. Order filed. DOWLING, J., dissents.

ANTHONY & JONES CO., Respondent, v. EW YORK CENT. & H. R. R. CO., Appelat. (Supreme Court, Appellate Division, urth Department. March 10, 1915.) Action the Anthony & Jones Company against the w York Central & Hudson River Railroad mpany. No opinion. Judgment and order irmed, with costs. See also, 163 App. Div.

4, 147 N. Y. Supp. 1097.

ARTHUR WALKER & CO., Inc., v. LEEMG. (No. 7010.) (Supreme Court, Appellate vision, First Department. March 19, 1915.) peal from Special Term, New York County. tion by Arthur Walker & Co., Incorporated, inst William Leeming. From an order deing a motion to vacate an order for examina

ATWOOD, Respondent, v. LAW, Appellant. (Supreme Court, AppeHate Division, Fourth Department. March 26, 1915.) Action by Katherine E. Atwood, as administratrix, etc., against William F. Law.

In re AYLER. (Supreme Court, Appellate Division, First Department. January 22, 1915.) In the matter of Junius C. Ayler. No opinion. Referred to Hon. II. A. Gildersleeve, official referee. Settle order on notice.

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BANCO DI ROMA, Appellant, v. SCARA- BARROW, Appellant, v. BARROW, ReMELLI et al., Respondents. (Supreme Court, spondent. (Appeal No. 1.) (Supreme Court Appellate Division, First Department. April Appellate Division, Second Department April 16, 1915.) Action by the Banco di Roma 1, 1915.) Action by Robert McMillan Barres against Louis J. Scaramelli and another. R. against Constance Barrow. No opinion. Jo S. Coutant, of New York City, for appellant. ment affirmed, with costs. See, also, 150 N. 1. M. S. Harris and A. S. Gilbert, both of New Supp. 1076. York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1149.

BANK OF UNITED STATES, Respondent, v. PUBLIC BANK OF NEW YORK CITY, Appellant. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the Bank of the United States against the Public Bank of New York City. H. Moses, of New York City, for appellant. L. Sanders, of New York City, for respondent. No opinion. Determination affirmed, with costs. Order filed. See, also, 151 N. Y. Supp. 1102.

BANNISTER

BAUMAN v. ENGELMAN et al. (two cass (Supreme Court, Appellate Division, First De partment. April 1, 1915.) Action by Relea Bauman and by Joseph H. Bauman arals Joseph Engelman and others. J. C. Brand, New York City, for appellants. H. Striver, of New York City, for respondents. No opinion Orders reversed, with $10 costs and distors ments, and motions granted, with $10 costs (7 Sylvester v. Lewis, 55 App. Div. 470, 67 N. I. Supp. 176. Orders filed.

BEGIEBING v. JAGERHUBER et al. (S preme Court, Appellate Division, First Department. April 16, 1915.) Action by Email F Begiebing against Max Jagerhuber, impleaded with others. No opinion. Motion to dismiss Order ned appeal denied, with $10 costs. See, also, 151 N. Y. Supp. 1104; 152 N. Y. Supp. 783. Order

V. MURRAY. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Corrine L. Ban nister against George G. Murray. No opinion. Application denied, with $10 costs. signed. See, also, 152 N. Y. Supp. 192.

BEHRER, Respondent, v. ERNST, A lant. (Supreme Court, Appellate Division, de BANQUE CONTINENTALE DE PARIS, ond Department. March 12, 1915.) Action Respondent, v. LIEBMANN, Appellant. (Su Martin Behrer against Mary Ernst. No e preme Court, Appellate Division, First Depart-ion. Judgment of the County Court of Ka ment. April 23, 1915.) Action by the Banque Continentale de Paris against David Liebmann. L. C. Weiler, of New York City, for appellant. G. T. Hogg, of New York City, for respondent. No opinion. Judgment affirmed, with costs.

Order filed.

In re BARNES. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) In the matter of the application of Maria C. Barnes for the appointment of commissioners to ascertain the damage to her property caused by the change of grade on East Main street, in the village of Cuba. No opinion. Motion for leave to appeal (151 N. Y. Supp. 1103) to Court of Appeals granted, and questions for review certified.

BARNES v. STERN BROS. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by William Barnes against the Stern Bros. No opinion. Application denied, with $10 costs. Order signed. See, also, 151 N. Y. Supp. 887.

BARNET, Respondent, v. CROSS, Appellant. (Supreme Court, Appellate Division, Third Department. March 18, 1915.) Action by Jesse Barnet against James H. Cross. No opinion. Interlocutory judgment affirmed, with costs, with usual leave to the appellant to withdraw the demurrer and answer upon payment of

costs.

mond County reversed, and new trial orderss costs to abide the event, on the ground of ror in the exclusion of evidence offered at f 65 of the record on appeal. See, also, 165 Ap Div. 922, 149 N. Y. Supp. 1070.

BELL, Respondent, v. NEW YORK, 0. W. R. CO., Appellant. (Supreme Court, A late Division, Second Department. April 1915.) Action by Edward Bell against the Nes York, Ontario & Western Railway Company No opinion. Order affirmed, with $10 costs and disbursements.

BENSON v. YELLOW TAXICAB CO. (8 preme Court, Appellate Division, First De partment. April 1, 1915.) Action by Catheri Benson against the Yellow Taxicab Compar No opinion. Motion granted, with $10 2 Order filed.

INS. CO., Appellant. (Supreme Court, Ap BENTLEY, Respondent, v. CONTINENTAL late Division, Fourth Department. March 1 1915.) Action by Oliver H. Bentley against the Continental Insurance Company. No opin Judgment and order affirmed, with costs.

In re BERKELEY. (Supreme Court, App late Division, First Department. April 1915.) In the matter of Lancelot M. Berkele an attorney. No opinion. Referred to Ho John J. Freedman, official referee. Settle order on notice.

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BITOLIO v. BRADLEY CONTRACTING CO. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Ernesto Bitolio against the Bradley Contracting Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 307.

BOCKHAUS, Appellant, v. INTERBORO RAPID TRANSIT CO., Respondent. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Action by George Bockhaus against the Interboro Rapid Transit Company. W. M. Geer, Jr., of New York City, for appellant. B. H. Ames, of New York City, for respondent.

PER CURIAM. Order affirmed, with costs. INGRAHAM, P. J., dissents, on the ground that the application of the maxim res ipsa loquitur, and the evidence of an uncommon jerk, which was the immediate cause of the accident, presented a question for the jury as to the negligence of the defendant. Order filed.

CO.

BOEDICKER v. SACKETT & WILHELMS (No. 7104.) (Supreme Court, Appellate Division, First Department. April 1, 1915.) Appeal from Special Term, New York County. Sackett & Wilhelms Company. From an order Action by Herman C. Boedicker against the swer, plaintiff appeals. Modified and affirmed. granting leave to serve a supplementary anW. E. Weaver, of Whitestone, for appellant. Joseph J. Corn, of New York City, for respondent.

PER CURIAM. The order appealed from is modified, by imposing as a condition of permitting the defendant to serve a supplementary answer that he pay a trial fee of $30 and $10 costs of opposing motion, and, as so modified, affirmed, with $10 costs and disbursements to the appellant.

BOOTH, Respondent, v. GRUBB & KOSEGARTEN BROS., Appellants. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by William Booth against Grubb & Kosegarten Bros. A. Merchant, Jr., of New York City, for appellants. W. C. Low, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

BIDWELL, Respondent, v. VILLAGE OF
EAST ROCHESTER, Appellant. (Supreme
Court, Appellate Division. Fourth Department.
March 17, 1915.) Action by Joseph W. Bidwell BOWEN, Respondent, v. FENNO, Appellant.
gainst the Village of East Rochester. No opin-(Supreme Court, Appellate Division, First De-
Judgment and order affirmed, with costs.

on.

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partment. April 1, 1915.) Action by Charles L. Bowen against Edward K. Fenno. G. D. Zahm, of New York City, for appellant. A. Foulds, Jr., of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 151 N. Y. Supp. 1105.

BOYD, Appellant, v. BUFFALO STEAM ROLLER CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Donald D. Boyd against

the Buffalo Steam Roller Company. No opinion. Order (87 Misc. Rep. 20, 149 N. Y. Supp. 1050) affirmed, with $10 costs and disbursements. See, also, 162 App. Div. 926, 147 N. Y. Supp. 1100.

In re BOYLE. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) In the matter of the application of Phoebe A. D. Boyle, etc.

PER CURIAM. Order (151 N. Y. Supp. 1022) resettled, so as to allow a bill of costs to each of the special guardians on the appeal, payable out of the estate, and one bill of costs to be divided between the other respondents, each to tax his disbursements, payable by the appellant.

BOYLE v. GEO. A. FULLER CO. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by Martin Boyle against the Geo. A. Fuller Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 1105.

BRANDT, Appellant, v. BRANDT, Respondent, et al. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Annette Brandt, an infant, etc., against Edward A. A. Brandt, as executor, etc., and others. No opinion. Motion to resettle order (151 N. Y. Supp. 1106) denied, with $10 costs. Subdivision 4 of section 191 of the Code of Civil Procedure has no application.

BRANDT, Appellant, v. BRANDT, Respondent, et al. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Clara Augusta Brandt against Edward A. A. Brandt as executor, etc., and others. No opinion. Motion to resettle order (151 N. Y. Supp. 1106) denied, with $10 costs. Subdivision 4 of section 191 of the Code of Civil Procedure has no application.

BRANDT, Appellant, v. BRANDT, Respondent, et al. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Harry E. Brandt against Edward A. A. Brandt, as executor, etc., and others. No opinion. Motion to resettle order (151 N. Y. Supp. 1106) denied, with $10 costs. Subdivision 4 of section 191 of the Code of Civil Procedure has no application.

BREEN v. ESSEX COUNTY. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Alice Breen against the County of Essex. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

BRESSLIN, Respondent, v. STAR CO., Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by Leon Bresslin against the Star Company. No opinion. Motion denied, without costs. See, also, 151 N. Y. Supp. 660.

In re BREWSTER. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) In the matter of George R. Brewster, an attorney. No opinion. Motion granted.

BRIDGES v. BROOKLYN UNION GAS CO. (Supreme Court, Appellate Division, Firs: Department. April 1, 1915.) Action by Henry W. Bridges against the Brooklyn Union Gas Company. H. J. Leffert, of New York City, for plaintiff. A. E. Goddard of Brooklyn, for defendant. No opinion. Order affirmed. Or der filed.

NIA R. CO., Respondent. (Supreme Court, ApBRINKMAN, Appellant, v. PENNSYLVA pellate Division, Fourth Department. March 17, 1915.) Action by Michael Kearon Brink man against the Pennsylvania Railroad Com pany.

PER CURIAM. Judgment and order revers ed, and new trial granted, with costs to appellant to abide event. Held, that the evidence presents a question of fact as to whether the defendant was negligent in failing to adopt & reasonable and proper system of inspection of the chains furnished plaintiff in the perform ance of his work.

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In the matter of Max Brown. No opinion. Reference ordered to Hon. Roger A. Pryor, official referee. Settle order on notice.

v.

BROWN, Respondent, ASSOCIATED OPERATING CO., Appellant. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) Action by Charles B. Brown against the Associated Operating Company.

PER CURIAM. Motion to resettle order (in 165 App. Div. 702, 151 N. Y. Supp. 531) granted. The order as resettled should contain a recital as follows: "It is hereby ordered and adjudged that the judgment and order so appealed from be and the same are hereby reversed on questions of law and fact. The court having examined the evidence, and holding that the finding of the jury that plaintiff was free from negligence contributing to his injury was contrary to the fact and contrary to the evidence, said finding is hereby reversed, with costs and disbursements; and it is further ordered that the complaint herein be and the same hereby is dismissed on the merits, with costs."

BUCHMAN v. BERMAN. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Jacob Buchman against Abraham Berman, in which Benjamin Erde appeals. No opinion. Motion granted, on condition that the cause be placed on the April calendar, and be ready for argument when reached; otherwise, motion denied, with $10 costs. See, also, 152 N. Y. Supp. 1101.

BUCHMAN v. BERMAN (three cases). (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by Jacob Buchman against Abraham Berman, in which Benjamin Erde appeals. No opinion. Order modified, by striking out so much of the costs of the first action, viz., $15, as went into the counterclaim of the second action, and, as so modified, affirmed, without costs. See, also, 152 N. Y. Supp. 1101.

BUCKLEY, Respondent, v. J. & G. LIPPMANN, Appellants. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) In the matter of the arbitration of certain matters of difference between Martin D. Buckley and J. & G. Lippmann.

PER CURIAM. Order reversed, with $10 costs and disbursements, and judgment vacated. Held, that there was no valid submission of the controversy to arbitrators under the provisions of the statute.

BUFFALO BUILDERS' SUPPLY CO., Inc., Appellant, v. REEB, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) Action by the Buffalo Builders' Supply Company, Incorporated, against Menno A. Reeb. No opinion. Motion for reargument (in 151 N. Y. Supp. 1107) denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied.

BUFFALO SAVINGS BANK v. POLISH ROMAN CATHOLIC CHURCH OF THE HOLY MOTHER OF THE ROSARY, OF BUFFALO, et al. (DIOCESE OF BUFFALO, (Supreme Court, Appellate DiviIntervener).' sion, Fourth Department. March 10, 1915.) Action by the Buffalo Savings Bank against Mother of the Rosary, of Buffalo, and others, the Polish Roman Catholic Church of the Holy in which the Diocese of Buffalo, intervened and appeals. No opinion. Motion of Donnelly & O'Neil to amend order denied, with $10 costs. Held, the rights and interest of the attorneys, Donnelly & O'Neil are sufficiently cared for by the ninth paragraph of the order appealed from. See, also, 151 N. Y. Supp. 1107; 152 N. Y. Supp. 1101.

BUFFALO SAVINGS BANK v. POLISH ROMAN CATHOLIC CHURCH OF THE HOLY MOTHER OF THE ROSARY, OF BUFFALO, et al., (DIOCESE OF BUFFALO, Intervener). (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by the Buffalo Savings Bank against the Polish Roman Catholic Church of the Holy Mother of the Rosary, of Buffalo, and others, in which the Diocese of Buffalo intervened. tions for reargument denied. Motions of the Diocese of Buffalo and the Pendock Company for leave to appeal to Court of Appeals granted, and questions for review certified. No opinion. Motion of Donnelly & O'Neil for leave to appeal to Court of Appeals denied, with $10 costs. See, also, 152 N. Y. Supp. 1101.

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