In re BUTTS. (Supreme Court, Appellate Division, First Department. April 16, 1915.) In the matter of Thomas W. Butts. No opinion. Application granted, and respondent disbarred. Settle order on notice. CAHN, Appellant, v. MORRIS et al., Respondents. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Action by Ferdinand Cahn against Abram Morris and another. Walter C. Low, of New York City, for appellant. M. L. Schallek, of New York City, for respondents. No opinion. Judgment affirmed, with costs. Order filed. See, also, 162 App. Div. 899, 146 N. Y. Supp. 1085. CAIRE, Respondent, v. PIEL, Appellant. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Julia A. Caire against Gottfried Piel. No opinion. Judgment and order unanimously affirmed, with costs. CALLAHAN v. ESCHER et al. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Josie Callahan against Louis Escher and another. PER CURIAM. Motion granted, provided that, within five days after entry of the order upon the decision of this motion, defendants file in the office of the clerk of Kings county for order of February 9, 1915, requiring plaintiff to file security for costs, and the papers upon which such order was founded. In default thereof, motion denied, with $10 costs. CAMPION, Appellant, v. ROMAN CATHOLIC ORPHAN ASYLUM. Respondent et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Marion L. Campion against the Roman Catholic Orphan Asylum, impleaded with others. E. J. Myers, of New York City, for appellant. J. F. Daly, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1102. CAMPION, Appellant, v. ROMAN CATH OLIC ORPHAN ASYLUM, Respondent, et al (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Mary L. Campion against the Roman Catholic Orphan Asylum, impleaded with others. E. J. Myers, of New York City, for appellant. J. F. Daly, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1102. CAMPION v. ROMAN CATHOLIC ORPHAN ASYLUM et al. (two cases). (Supreme Court, Appellate Division, First Depart ment. April 30, 1915.) Action by Mary L Campion against the Roman Catholic Orphan Asylum and others. E. J. Myers, of New York City, for appellant. A. S. Pratt and J. F. Daly, both of New York City, for respondents. No opinion. Judgment and order affirmed, with costs. Orders filed. See, also, 152 N. Y. Supp. 1102. In re CARNEGIE TRUST CO. NEW BELGRAVIA REALTY CO., Appellant, v. SU PERINTENDENT OF BANKS OF STATE OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. April 1, 1915.) In the matter of the Carnegie Trust Company. Action by the New Belgravia Realty Company against the Superintendent of Banks of the State of New York. G. E. Jo seph, of New York City, for appellant. W. Ward, of New York City, for respondent. No opinion. Orders affirmed, with $10 costs and disbursements. Order filed. CARPENTER v. WARFIELD. (Supreme CEHIO, Respondent, v. FISCHER et al., Court, Appellate Division, First Department. CARPENTER MOTOR VEHICLE CO., Respondent, v. MARSHALL, Appellant. (Supreme Court, Appellate Division, Second Department. March 15, 1915.) Action by the Carpenter Motor Vehicle Company against Raymond W. Marshall. PER CURIAM. Appeal dismissed, with $10 costs and disbursements. Until defendant's default in failing to obey the order for his examination shall be opened, defendant cannot review such an order, in which by his own default he is deemed to have acquiesced. Flake V. Van Wagenen, 54 N. Y. 25; Jones Lumber Co. v. Fulton, 123 App. Div. 386, 107 N. Y. Supp. 942. Neither may defendant appeal from the later order modifying the default order, since it was an application to the discretion of the court below, over which this court has no control. Place v. Hayward, 100 N. Y. 626, 3 N. E. 199; Matter of National Gramophone Corp., 82 App. Div. 593, 596, 81 N. Y. Supp. $53. See, also, 151 N. Y. Supp. 1108. In re CAULFIELD et al. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) In the matter of the application of John A. Caulfield and another for the removal of John Oscar Ball as testamentary trustee, etc., of Mary Caulfield, deceased. No opinion. Motion to dismiss appeal denied, without costs, and without prejudice to a renewal of this application if the appeal to the Court of Appeals in the matter of the accounting proceedings of John Oscar Ball is not diligently prosecuted. See, also, 161 App. Div. 937, 145 N. Y. Supp. 1116. Appellants. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) In the matter of proceedings supplementary to execution in an action by Angelo Cehio against Max A. Fischer and others. No opinion. Order affirmed, with $10 costs and disbursements. CHALMERS et al.. Appellants, v. NATIONAL CASH REGISTER CO., Respondent. (Supreme Court, Appellate Division, First Department. March 12, 1915.) Action by Eliza J. Chalmers and another against the National Cash Register Company. T. H. Lord, of New York City, for appellants. G. C. Fox, of New York City, for respondent. No opinion. Judgment affirmed, with costs. Order filed. See, also, 152 N. Y. Supp. 1103. CHALMERS et al. v. NATIONAL CASH REGISTER CO. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Eliza J. Chalmers and others against the National Cash Register Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1103. CHASEN, Appellant, v. ASTORIA LIGHT, HEAT & POWER CO., Respondent. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) Action by Max Chasen against the Astoria Light, Heat & Power Company. PER CURIAM. Judgment affirmed, with costs. See, also, 161 App. Div. 942, 958, 147 N. Y. Supp. 1103. JENKS, P. J., not voting. CIMIHUD, Respondent, v. SMITH et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Steven Cimihud against Grant Smith and CAVANAGH, Respondent, v. MCGOVERN et others. No opinion. Order unanimously affirmal., Appellants. (Supreme Court, Appellate Di-ed, with costs. See, also, 152 N. Y. Supp. 1103. vision, First Department. March 12, 1915.) Action by Bartholomew A. Cavanagh against CINQUE v. L'ARALDO ITALIANO PUB. Patrick McGovern and another. HI. S. Hertwig, of New York City, for appellants. J. I. Cuff, of New York City, for respondent. PER CURIAM. Judgment and order affirmed, with costs. Order filed. CLARKE, J., dissents. CO. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Antonio Cinque against L'Araldo Italiano Publishing Company. No opinion. Motion granted, unless appellant complies with terms stated in order. Order filed. CITY OF NEW YORK, Respondent, v. BROOKLYN HEIGHTS R. CO. et al., Appellants. (Supreme Court, Appellate Division, First Department. April 9, 1915.) Action by the City of New York against the Brooklyn Heights Railroad Company and others. C. L. Woody, of Brooklyn, for appellants. T. Farley, of New York City, for respondent. No opinion. Judgment affirmed, with costs. Order filed. leave to appeal denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 1110; 152 N. Y. Supp. 664. CLARKIN, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. March 2 1915.) Action by Nicholas I. Clarkin again the City of New York. No opinion. Order £2firmed, with $10 costs and disbursements. CITY OF NEW YORK, Appellant, v. JAMISON, Respondent. (Supreme Court, Appellate CLEER v. EMPIRE CITY SUBWAY 00. Division, First Department. April 9, 1915.) (Supreme Court, Appellate Division, First De Action by the City of New York against Wil-partment. March 19, 1915.) Action by Mary liam A. Jamison. J. F. O'Brien, of New York Cleer against the Empire City Subway CoCity, for appellant. F. L. Durk, of Brooklyn, pany. No opinion. Application denied, with for respondent. No opinion. Judgment aflirm- $10 costs. Order signed. ed, with costs. Order filed. CLANCY v. NIAGARA FALLS HYDRAULIC POWER & MFG. CO. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Lee E. Clancy, by guardian, etc., against the Niagara Falls Hydraulic Power & Manufacturing Company. PER CURIAM. Plaintiff's exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs. KRUSE, P. J., dissents. CODY, Respondent, v. BRADLEY CON TRACTING CO., Appellant. (Supreme Court. Appellate Division, Second Department March 5, 1915.) Action by Margarite A. Cody administratrix, etc., of Edward Cody, decease against the Bradley Contracting Company, opinion. Judgment and order unanimously af firmed, with costs. See, also, 152 N. Y. Supp 1104. CODY, Respondent, v. BRADLEY CON TRACTING CO., Appellant. (Supreme Court, CLARKE, Respondent, v. FORTY-SECOND 30, 1915.) Action by Margarite A. Cody, 28 Appellate Division, Second Department. April ST., M. & ST. N. AVE. R. CO., Appellant. administratrix, etc., against the Bradley Co(Supreme Court, Appellate Division, First De- tracting Company. No opinion. Motion for partment. April 30, 1915.) Action by Glad- reargument denied. Motion for leave to ap stone Clarke, an infant, etc., against the Forty-peal to the Court of Appeals denied. See, also, Second Street, Manhattanville & St. Nicholas 152 N. Y. Supp. 1104. Avenue Railroad Company. F. J. Moses, of New York City, for appellant. J. I. Cuff, of New York City, for respondent. COHEN v. ILLINOIS SURETY CO. (Sapreme Court, Appellate Division, First Depart ment. April 30, 1915.) Action by Ida Cobe. suing, etc., against the Illinois Surety Com PER CURIAM. Judgment and order affirmed, with costs. Order filed. MCLAUGHLIN and LAUGHLIN, JJ., dis- pany. No opinion. Motion granted; ques sent. CLARKE V. MILLER et al. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by John T. Clarke against Nathan J. Miller and another. No opinion. Motion granted. Order filed. See, also, 151 N. Y. Supp. 1110; 152 N. Y. Supp. 1104. CLARKE v. MILLER et al. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by John T. Clarke against Nathan J. Miller and others. S. A. Lowenstein, of New York City, for appellants. L. H. Newkirk, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1104. CLARKE v. TAYLOR. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by James Rae Clarke against J. Howard Taylor. No opinion. Motion for tions to be settled on settlement of order. Settle order on notice. COHEN et al., Respondents, v. LUKATHER Appellant, et al. (Supreme Court, Appellate Division, First Department. March 26, 1913) Action by Charles M. Cohen and another against Rose Lukather, impleaded with others, L. B. Cohen, of New York City, for appellant. S. C. Steinhardt, of New York City, for re spondents. No opinion. Judgment affirmed, with costs. Order filed. WORTH CO., Appellant. (Supreme Court. 42 COLLIGAN, Respondent, v. F. W. WOOL pellate Division, First Department. March 28 1915.) Action by Sarah E. Colligan against the F. W. Woolworth Company. C. V. Pallister, of New York City, for appellant. F. J. S livan, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. COLUMBIA-KNICKERBOCKER TRUST CO. v. WAINWRIGHT et al. (No. 7103.) (Sa preme Court, Appellate Division, First Depart ment. April 1, 1915.) Appeal from Special Term, New York County. Action by the Colum- | against the New York Central Railroad Combia-Knickerbocker Trust Company as substitut- pany and others. No opinion. Appeal (in 151 ed trustee, against Cornelia R. Wainwright N. Y. Supp. 534) dismissed on argument, with and another. From an order directing plain- $10 costs and printing disbursements to the tiff to retain a certain sum of money until respondent. entry of judgment in an action against it, defendant Wainwright appeals. Modified and affirmed. S. H. Olin, of New York City, for appellant. W. F. Earp, of New York City, for respondent. PER CURIAM. The order appealed from is modified, by striking out the provision that plaintiff retain in its hands, out of the sum directed to be paid to the defendant Cornelia R. Wainwright, the sum of $4,500, to await the result of the action of Tillotson v. ColumbiaKnickerbocker Trust Company, and all references to said retained sum, and, as so modified, affirmed, with $10 costs and disbursements to the appellant. In re COMMISSIONERS OF PALISADES INTERSTATE PARK. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) In the matter of the application of the Commissioners of the Palisades Interstate Park for the condemnation of certain lands situate in the county of Rockland, etc. No opinion. Motion to resettle order granted, and order signed. See, also, 152 N. Y. Supp. 1105. CONWAY, Respondent, v. FARISH-STAFFORD CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 30, 1915.) Action by John F. Conway against the Farish-Stafford Company. No opinion. Reargument (in 151 N. Y. Supp. 1110) ordered, and case set down for Friday, May 7, 1915. CORNELL et al., Appellants, v. ABRAMS et al., Respondents. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by Susan Louisa Cornell and others against John H. Abrams, individually and as executor, etc., and others. PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide the event, on the grounds that it was error on the part of the trial court to direct a verdict under the circumstances of this case and that the alleged special verdict on the submitted questions was against the weight of evidence. In re COURTNEY'S ESTATE. (Supreme March In re COMMISSIONERS OF PALISADES INTERSTATE PARK. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) In the matter of the application of (Supreme Court, the Commissioners of the Palisades Interstate Appellate Division, Third Department. Park for the condemnation of certain lands sit-18, 1915.) Action by Mary E. Cramer against uate in the county of Rockland, etc. No opin- Frank Brownell. No opinion. Motion for reion. Motion for leave to appeal (151 N. Y. argument (151 N. Y. Supp. 1001) denied. Supp. 977) to the Court of Appeals granted. Form of order and certificate to be settled on notice before Mr. Justice Putnam. See, also, 164 App. Div. 957, 149 N. Y. Supp. 1076; 152 N. Y. Supp. 1105. CRANE, Respondent, v. KELLEY, Appellant. Fourth Department. (Supreme Court, Appellate Division, March 17, 1915.) Action by Millard M. Crane against Elmer W. Kelley. CONGRESS SHOE & RUBBER CO., RePER CURIAM. Judgment affirmed, with spondent, v. MARSHALL, Appellant. (Sucosts. Appeal from order dismissed. This preme Court, Appellate Division, Third Department. May 7, 1915.) Action by the Con- the facts recited in the order appealed from, court finds, upon the evidence in the record, gress Shoe & Rubber Company against N. Mon- and the findings of fact and conclusions of law roe Marshall. No opinion. Motion granted, un-contained in the decision are modified accordless within 40 days appellant serves upon re- ingly. spondent's attorney printed papers, in which case motion is denied. CONNOLLY, Appellant, v. OSBORN, Respondent. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by John A. Connolly against William Church Osborn. F. P. Burns, of New York City, for appellant. C. B. Brophy, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. CONTINENTAL SECURITIES CO., Respondent, v. NEW YORK CENT. R. CO. et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Acion by the Continental Securities Company 152 N.Y.S.-70 C. S. POSNER CO., Inc., Respondent, v. JACKSON et al., Appellants. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Action by the C. S. Posner Company, Incorporated, against Emanuel A. Jackson and another. J. H. Cohen, of New York City, for appellants. E. E. Wise, of New York City, for respondent. PER CURIAM. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on De Jong v. Behrman Co., 148 App. Div. 37, 131 N. Y. Supp. 1083, with leave to plaintiff to amend on payment of costs. Order filed. See, also, 151 N. Y. Supp. 1144. LAUGHLIN, J., dissents. CURRY, Appellant, v. ADDOMS, Respondent. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Action by Rosie Curry against Mortimer C. Addoms. No opinion. Motion for reargument (in 151 N. Y. Supp. 1017) denied, with $10 costs. In re CURTIS. (Supreme Court, Appellate Division, First Department. April 1, 1915.) In the matter of Claude F. Curtis. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. CUTLER, Respondent, V. AMERICAN BLOWER CO., Appellant. (Supreme Court, Appellate Division, Third Department. May 5, 1915.) Action by Louis Cutler, an infant, by Herbert E. Cutler, his guardian ad litem, against the American Blower Company. No opinion. Judgment and order unanimously affirmed, with costs. DAMERS et al., Appellants, v. BARKER, Respondent. (Supreme Court, Appellate Di vision, First Department. January 22, 1915.) Action by John Damers and another against George G. Barker. G. L. Robinson, of New York City, for appellants. H. Campbell, Jr., of New York City, for respondent. No opinion. Order affirmed, with costs and disbursements. Order filed. DAVIS et al., Respondents, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Earl J. Davis and another against the International Railway Company. No opinion. Motion for stay pending appeal granted, upon condition that appellant file and serve printed papers by April 12th, and briefs by April 18th, pay respondents' attorney $10, and be ready to argue appeal at opening of next term of court. See, also, 152 N. Y. Supp. 88. DAVIS, Appellant, v. SEAWARD et al., Re spondents. (Supreme Court, Appellate Division Second Department. March 5, 1915.) Action by Buell G. Davis, individually and as execu tor, etc., against George W. Seaward and others. PER CURIAM. The order was made by this court on the apparent consent of all the parties interested. We can find in the motion papers no justification for any comment on the good faith of the attorneys who appeared before this court on the original motion. Because however, of the circumstances now existing, the motion to vacate the original order is granted. without prejudice to any further motion that may be deemed advisable by either party. See also, 85 Misc. Rep. 210, 146 N. Y. Supp. 981 BURR, J., took no part. DEAN, Respondent, v. NEW YORK STATE RYS., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 20 1915.) Action by John Dean, as administrator etc., against the New York State Railways PER CURIAM. Judgment and order revers ed, and new trial granted, with costs to appel lant to abide event. Held, that the verdict is against the weight of the evidence on the ques tion of the contributory negligence of plaintifs intestate, and that the court erred in excluding the evidence offered concerning the relation be tween the deceased and his child. KRUSE, P. J., dissents. DE CICCO v. SCHWEIZER et al (S preme Court, Appellate Division, First Depart ment. January 22, 1915.) Action by Attil De Cicco against Joseph Schweizer, impleaded M. Schneiderman, of New York City, for plain tiff. F. G. Wild, of New York City, for deferd ant Schweizer. No opinion. Judgment mod fied, so as to provide for a recovery by plain tiff of the sum of $2,500, with interest from Ja uary 20, 1912, and, as so modified, affirme with costs to plaintiff. Orders appealed fr aflirmed, without costs. Settle order on notice. |