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and also stipulate that, if the orders appealed, from are affirmed, he will answer within five days thereafter, and, if required, accept short notice of trial. See, also, 152 N. Y. Supp. 1107.

DE KALB AVE. CO., Inc., Respondent, v. CLARKE, Appellant (two cases). (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by the De Kalb Avenue Company, Incorporated, against Thomas A. Clarke. No opinion. Orders affirmed, with $10 costs and disbursements. See, also, 152 N. Y. Supp. 1107.

DE KALB HOLDING CO. et al., Appellants, v. MADISON THEATRE CO. et al., Respondents. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by the De Kalb Holding Company and another against the Madison Theatre Company and others.

PER CURIAM. Motion granted, on condition that defendants file a bond in the sum of $25,000, or, in the alternative, deposit to the credit of the action $12,000, and in addition deposit on the 1st day of each month the sum of $4,000, perfect the appeal, place the case on the June calendar, and be ready for argument when reached; otherwise, motion denied, with $10 costs. Settle order before Mr. Justice Rich. See, also, 165 App. Div. 202, 151 N. Y. Supp. $5.

DEL MONDO, Respondent, v. DELAWARE, L. & W. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Vitorio Del Mondo against the Delaware, Lackawanna & Western Railroad Company.

PER CURIAM. Judgment and order affirmed, with costs, upon the authority of Bitondo v. New York Cent. & H. R. R. Co., 163 App. Div. 823, 149 N. Y. Supp. 339. MERRELL, J., dissents.

DEMARTINI, Respondent, v. ZUNINO, Appellant. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by John Demartini against Frank A. Zunino. L. E. Brown, of New York City, for appellant. E. Turk, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

DIME SAVINGS BANK OF BROOKLYN V. BUTLER. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the Dime Savings Bank of Brooklyn against Louise C. Butler. No opinion. Motion for leave to appeal (152 N. Y. Supp. 633) granted; question certified. Motion for continuation of time to answer denied. Order filed.

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DONOHUE v. ESSEX COUNTY (two cases). (Supreme Court, Appellate Division, First Department. April 30, 1915.) Actions by EdDI MOMBERCELLI, Respondent, v. VAN ward Donohue as administrator, against the RIPER, Appellant. (Supreme Court, Appellate County of Essex. No opinions. Orders affirmDivision, First Department. March 12, 1915.) ed, with $10 costs and disbursements. Orders Action by Alice C. Van Riper Di Mombercelli | filed. See, also, 152 N. Y. Supp. 1108.

DONOHUE v. ESSEX COUNTY et al. (Su- | New York City, for appellant. H. C. Allen, of preme Court, Appellate Division, First Depart- New York City, for respondent. ment. April 30, 1915.) Action by Edward PER CURIAM. Judgment affirmed, with Donohue against the County of Essex and oth-costs. Order filed. See, also, 163 App. Div. ers, impleaded with John Anderson and others, 887, 147 N. Y. Supp. 1108. doing business, etc. E. J. Walsh, of New York City, for appellants. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1107.

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

MCLAUGHLIN and SCOTT, JJ., dissent.

DUNN, Respondent, v. EPPINGER & RUS SELL CO., Appellant. (Supreme Court, Ap pellate Division, Second Department. March 3 1915.) Action by Ann Dunn, as administratrix, etc., against the Eppinger & Russell Company. No opinion. Motion for reargument (151 N. Y. Supp. 1113) denied, with $10 costs. Motion for leave to appeal to the Court of Appeals de nied, without costs.

DOPPSTADT, Respondent, v. NEW YORK DUPAY, Respondent, v. GALBINA, Appellant. CENT. & H. R. R. CO., Appellant. (Supreme (Supreme Court, Appellate Divisio First Department. March 19, 1915.) Acts a Court, Appellate Division, First Department. May 7, 1915.) Action by Bertha Doppstadt, as by Andrew M. Dupay against Frank J. Galbia administratrix, etc., against the New York Cen-W. D. Sporborg, of New York City, for apie lant. tral & Hudson River Railroad Company. R. A. Kutschback, of New York City, for appellant. D. R. Almy, of New York City, for respondent. PER CURIAM. Judgment and order affirmed, with costs. Order filed.

CLARKE, J., dissents.

R. H. McIntyre, of New York City, fet respondent. No opinion. Order affirmed, wi $10 costs and disbursements. Order filed.

DWYER, Appellant, v. GREENBLATT, Re spondent. (Supreme Court, Appellate Division First Department. April 9, 1915.) Action by Elizabeth Dwyer against Louis Greenblatt. I. In re DOUGHERTY. (Supreme Court, Ap- J. Sullivan, of New York City, for appellant pellate Division, Second Department. March 9, W. A. Jones, Jr., of New York City, for re 1915.) In the matter of the application of Wil-spondent. No opinion. Judgment affirmed liam J. Dougherty, for admission to the bar. with costs. Order filed. See, also, 163 App No opinion. Application granted. Div. 888, 147 N. Y. Supp. 1108.

In re DOWNS. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) In the matter of the application of B. Irving Downs to lay out a highway in the Town of Southampton. No opinion. Motion granted,

with $10 costs, and order signed.

DUFFEY, Appeliant, V. CHARLES T. WILLS, Inc., Respondent, et al. (Supreme Court, Appellate Division, First Department. April 9, 1915.) Action by Edward Duffey against Charles T. Wills, Incorporated, impleaded with others. H. C. Smyth, of New York City, for appellant. F. V. Johnson, of New York City, for respondent.

PER CURIAM. Judgment and order affirmed, with costs. Order filed.

INGRAHAM, P. J., and LAUGHLIN, J.,

dissent.

In re DUFFY. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) In the matter of the application of John T. Duffy for admission to the bar. No opinion. Application granted.

DUFFY, Appellant, v. PLACE, Respondent. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Action by Owen Duffy against James E. Place. N. Blank, of

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E. B. LATHAM & CO., Respondent, v. H FREYKNECHT ELECTRICAL ENGINEE ING & CONST. CO. et al., Appellants. (S preme Court, Appellate Division, Second De April 9, 1915.) In the matter partment. supplementary proceedings in an action by E B. Latham & Co. against the H. Freykned Electrical Engineering & Construction Ca pany and another. No opinion. Order affirme by default, with $10 costs and disbursements See, also, 159 App. Div. 916, 144 N. Y. Supp 1113.

In re EHRLICH. (Supreme Court, Appellate Division, First Department. April 1, 1915.) In the matter of William Ehrlich. No opinion. Respondent disbarred. Settle order on notice.

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EQUITABLE TRUST CO. OF NEW YORK v. BESSLING. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the Equitable Trust Company of New York against John E. Bessling. No opinion. Order Application denied, with $10 costs. signed.

EICHLER, Appellant, v. FISCHER, Respondent. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Action by Lillie J. Eichler, as administratrix, against ERMAN v. GREAT CENTRAL PALACE August Fischer. E. M. Hawkins, of New York City, for appellant. H. Amster, of New York CO. (Supreme Court, Appellate Division, First City, for respondent. No opinion. Judgment Department. March 19, 1915.) Action by Samand order affirmed, with costs. Order filed. uel Erman against the Great Central Palace Company. No opinion. Application denied, with $10 costs. Order signed. See, also, 151 EITINGON, Appellant, V. WILLIAMS- N. Y. Supp. 481. BURGH CITY FIRE INS. CO., Respondent. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Waldemar Eitingon, as trustee, etc., against the Williamsburgh City Fire Insurance Company. C. J. Heermance, of New York City, for appellant. R. J. Fox, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

ELECTRA TOY & NOVELTY CO., Appel- ' lant, v. SIMON et al., Respondents. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the Electra Toy & Novelty Company against Jennie S. Simon and others. E. W. Hatch, of New York City, for appellant. L. Oppenheimer and A. Blumenstiel, both of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

ELIAS v. BAND. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by Annie Elias against Morris Band and others. No opinion. Orders of the County Court of Kings County reversed, with $10 costs and disbursements, and motion denied, without costs, on authority of Dazian v. Meyer, 66 App. Div. 575, 73 N. Y. Supp. 328.

EMIG, Appellant, v. ALBRECHT et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Charles P. Emig, Jr., against William F. Albrecht and another. No opinion. Judgment affirmed, with costs.

ENGEL et al. v. SHUBERT THEATRICAL CO. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Action by Alexander Engel and another against the Shubert Theatrical Company. No opinion. Motion denied, with $10 costs. Order filed. See, also,

151 N. Y. Supp. 593.

EPSTEIN, Appellant, v. WERBELOVSKY et al., Respondents. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) Action by Annie Epstein against Rebecca Werbelovsky and others. No opinion. Judgment and order affirmed, with costs payable by the plaintiff appellant to the respondents Werbelovsky. See, also, 149 N. Y. Supp. 1080.

ESTABROOK, Appellant, v. BULLARD, Respondent. (Supreme Court, Appellate Division, Third Department. May 5, 1915.) Proceeding in the matter of the final accounting in the estate of William N. Estabrook, deceased, against Charles F. Bullard.

PER CURIAM. Decree affirmed, with costs.
SMITH, P. J., not voting.

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T. Fanning and another against the Belle Terre, etc., and others.

PER CURIAM. Judgment affirmed, with costs, on authority of Fanning v. Belle Terre, 152 App. Div. 718, 137 N. Y. Supp. 595. BURR, J., noť voting.

FARIELLO, Appellant, v. MURRAY, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Nicholas Fariello against Patrick H. Murray, as surviving partner, etc. No opinion. Judgment affirmed, with costs.

In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) In the matter of the petition of William W. Farley, as State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 8,325, issued to Charles J. Volckening. No opinion. Motion granted. See, also, 151 N. Y. Supp.

1115.

FAY, Respondent, v. PURCELL, Appellant. (Supreme Court, Appellate Division, First De partment. March 26, 1915.) Action by Joseph E. M J. Fay against Cornelius J. Purcell. Bloomberg, for appellant. No opinion. Judg Order ment and order affirmed, with costs. filed.

FEIN, Respondent, v. NORWALK BROS. CO., Appellant. (Supreme Court, Appellate Di vision, First Department. March 26, 1915) Action by Jacob C. Fein, an infant, against the Norwalk Bros. Company. A. M. Merke of New York City, for appellant. S. L. Teven. of New York City, for respondent. No opinion Judgment and order reversed, with costs, an complaint dismissed, with costs, on the groun that the finding of the jury that the defendar: was negligent was without evidence to sustaiz

it. Order filed.

FINCH et al., Respondents, v. STATE, Appellant. (Supreme Court, Appellate Division Third Department. May 5, 1915.) Action by William T. Finch and another, individually and In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Fourth De- as executors of Alvah F. Finch, deceased, doing business under the firm name of the Find partment. March 10, 1915.) In the matter Chemical Company, against the State of New of the petition of William W. Farley, as State York. No opinion. Determination unanimous Commissioner of Excise, for an order revokingly affirmed, with costs. and canceling liquor tax certificate No. 16,469, issued to Nellie A. Kelley. No opinion. affirmed, with costs.

Order

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In re FARLEY, State Excise Com'r. preme Court, Appellate Division, Fourth Department. March 26, 1915.) In the matter of the petition of William W. Farley, as State

Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 16,122, issued to Nellie Schindler.

PER CURIAM. Order reversed, and application denied, with costs, upon the authority of Matter of Petition of William W. Farley, etc., In re Rosa L. Barrick Certificate, 108 N. E. 417, decided by the Court of Appeals on February 25, 1915.

FARRINGTON, Respondent, v. UNIÓN PACIFIC TEA CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Medford B. Farrington, as trustee, etc., against the Union Pacific Tea Company. No opinion. Judgment affirmed, with costs.

FAY, Respondent, v. PRESS CO., Appellant. (Supreme Court, Appellate Division, First Department. April 9, 1915.) Action by James Fay against the Press Company. L. J. Arnold, of Cooperstown, for appellant. G. H. D. Foster, of New York City, for respondent. No opinion. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer, on payment of costs in this court and in the court below. Order filed.

In re FINCK. (Supreme Court, Appellate Division, First Department. April 16, 1915. In the matter of Katie H. Finck, as executrix of Peter House, deceased. No opinion. Me tion to dismiss appeal granted, with $10 costs unless appellant complies with terms stated in

order. Order filed.

FINNIE, Respondent, V. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreze Court, Appellate Division, Fourth Department March 26, 1915.) Action by Bridget E. Finte as administratrix, etc., against the New York Central & Hudson River Railroad Company No opinion. Motion for leave to appeal (15) N. Y. Supp. 1115) to Court of Appeals denied. with $10 costs.

FIRST BANK OF NOTASULGA, Respond (Supre ent, v. JONES et al., Appellants. Court, Appellate Division, First Department March 26, 1915.) Action by First Bank Notasulga against Richard W. Jones, Jr., a another. N. Rockwood, of New York City, fe appellants. H. A. Brann, Jr., of New York City, for respondent. No opinion. Judgment See First Bas and order affirmed, with costs. of Notasulga v. Jones, 156 App. Div. 277, 1£ N. Y. Supp. 304. Order filed.

FIRST NAT. BANK OF CITY OF BROOKLYN, Appellant, v. LAFAYETTE TRUST OF et al., Respondents. (Supreme Court, Appellat Division, Second Department. March 19 1915.) Action by the First National Bank

the City of Brooklyn against the Lafayette | Trust Company and another. No opinion. Judgment and order (85 Misc. Rep. 341, 148 N. Y. Supp. 491) aflirmed, with costs. See, also, 86 Misc. Rep. 558, 149 N. Y. Supp. 374.

FIRST NAT. BANK OF DOLGEVILLE, Respondent, v. BOND, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 10, 1915.) Action by the First National Bank of Dolgeville against Stephen N. Bond. PER CURIAM. Order affirmed, with $10

costs and disbursements.

FOOTE, J., dissents.

FITZGERALD, Respondent, v. ERIE R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Catherine Fitzgerald, as administratrix, etc., against the Erie Railroad Company.

PER CURIAM. Judgment and order reversed, and new trial granted, with costs to ap pellant to abide event. Held, that the verdict is against the weight of evidence on the question of defendant's negligence and the contributory negligence of the deceased. See, also, 158 App. Div. 801, 144 N. Y. Supp. 237.

FITZSIMONS v. ISMAN. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Ellen Fitzsimons against Felix Isman. No opinion. Motion granted. Order filed. See, also, 151 N. Y. Supp. 552.

FLANNERY v. FIFTEEN W. 44TH ST. CO. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by Viola M. Flannery against the Fifteen W. 44th Street Company. No opinion. Motion denied. Settle order on notice.

FLATOW, FLINN & CO., Inc., Appellant, v. AMERICAN MOTOR TRUCK CO. et al., Respondents. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Flatow, Flinn & Co., Incorporated, against the American Motor Truck Company and others. E. C. Crowley, of New York City, for appellant. A. L. Davis, of New York City, for respondents. No opinion. Judgment modified, by directing that the dismissal of the complaint is without prejudice to an action at law for a breach of the contract, and, as so modified, affirmed, with costs to the respondents. Settle

order on notice.

FLYNN, Respondent, v. BRADLEY CONST. CO., Appellant. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Action by Nicholas Flynn against the Bradley Construction Company. F. L. C. Keating, of New York City, for appellant. R. A. Kutschbach, of New York City, for respondent.

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FOLEY, Respondent, v. NEWMAN, Appellant. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) Action by Michael Foley, as guardian ad litem of Laura Foley, an infant, against Mary E. Newman. No opinion. Judgment and order of the County Court of Westchester County unanimously affirmed, with costs.

FOSTER, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. April 1, 1915.) Action by William Foster against the City of New York.

PER CURIAM. Judgment and order reversed, with costs, and complaint dismissed, on the ground that the notice of intention to commence the action was defective as to the statement of the time when the injuries were received, and that the form of denial contained in the answer did not exempt the plaintiff from of a proper notice. Purdy v. City of New York, the statutory obligation of proving the service 193 N. Y. 521, 523, 86 N. E. 560; Carson v. Village of Dresden, 202 N. Y. 414, 95 N. E. S03; Forsyth v. City of Oswego, 191 N. Y. 441, 84 N. E. 392, 123 Am. St. Rep. 605; Bannon v. City of New York, 150 App. Div. 314, 134 N. Y. Supp. 1041: Walker v. City of New York, 150 App. Div. 280, 134 N. Y. Supp. 689; Mack Paving Co. v. City of New York, 142 App. Div. 702, 714, 127 N. Y. Supp. 738. See, also, 152 N. Y. Supp. 1111.

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FRANK, Appellant, v. GRUBER, Respondent. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Adam Frank against Herbert H. Gruber. A. Frank, of New York City, for appellant. W. E. Ernst, of New York City, for respondent. No opinion. Order (in 88 Misc. Rep. 297, 150 N. Y. Supp. 664) affirmed with $10 costs and disbursements. Order filed. See, also, 165 App. Div. 907, 149 N. Y. Supp. 1082.

PER CURIAM. Judgment and order affirmFRANK v. ROWLAND & SHAFTO. (Sued, with costs. Order filed. preme Court, Appellate Division, First DepartINGRAHAM, P. J., and DOWLING, J., dis- ment. April 1, 1915.) Action by Adam Frank against Rowland & Shafto. No opinion. Mo

sent.

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