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d also stipulate that, if the orders appealed , against Marie Van Riper, individually, etc. G. om are aftirmed, he will answer within five D. Carrington, of New York City, for appellant. ys thereafter, and, if required, accept short W. P. Jeffery, of New York City, for respondtice of trial. See, also, 152 N. Y. Supp. 1107. ent. No opinion. Judgment and order (in 87

Misc. Rep. 453, 150 N. Y. Supp. 811) allirm

ed, with costs. Order filed, DE KALB AVE. CO., Inc., Respondent, v. CARKE, Appellant (two cases). (Supreme DOCK & MILL CO., Respondents, V. STAIB jurt, Appellate Division, Second Department. ABENDSCHEIN CO., Appellant. (Supreme pril 23, 1915.) Action by the De Kalb Ave- Court, Appellate Division, First Department. ie Company, Incorporated, against Thomas A. April 1, 1915.) Action by the Dock & Mill larke. No opinion. Orders affirmed, with $10 | Company against the Staib Abendschein Comsts and disbursements. See, also, 152 N. Y. pany. R. E. McLear, of New York City, for ipp. 1107.

appellant. M. Conboy, of New York City, for respondents. No opinion. Order affirmed, with

$10 costs and disbursements. Order filed. DE KALB HOLDING CO. et al., Appelnts, V. MADISON THEATRE CO. et al., DOERR, Respondent, v. CITY OF NEW espondents. (Supreme Court, Appellate Di: | YORK, Appellant. (No. 7064.) (Supreme sion, Second Department. April 23, 1915.) Court, 'Appellate Division, First Department. ction by the De Kalb Holding Company and April 23, 1915.) Appeal from Trial Term, other against the Madison Theatre Company New York County, Action by John J. Doerr ad others.

against the City of New York. From a judgPER CURIAM. Motion granted, on condi- ment for plaintiff, defendant appeals. Reversed, on that defendants file a bond in the sum of and complaint dismissed. E. Crosby Kindle25,000, or, in the alternative, deposit to the berger, of New York City, for appellant. J. redit of the action $12,000, and in addition Arthur Hilton, of New York City, for respondeposit on the 1st day of each month the sum

ent. f $1,000, perfect the appeal, place the case on PER CURIAM. We think that the evidence de June calendar, and be ready for argument fails to sustain a finding of negligence on the hen reached; otherwise, motion denied, with part of the defendant, and that the court should 10 costs.

Settle order before Mr. Justice Rich. have granted the motion of the defendant at the ee, also, 165 App. Div. 202, 151 N. Y. Supp. end of the case to dismiss the complaint, to the 5.

denial of which the defendant excepted. The finding of the jury that the defendant was guil

ty of negligence is therefore reversed, and the DEL MONDO, Respondent, v. DELAWARE, judgment and order appealed from are rerersed, *. & W. R. CO., Appellant. (Supreme Court, with costs, and the complaint dismissed, with ppellate Division, Fourth Department. costs. Order filed. (arch 26, 1915.) Action by Vitorio Del Mondo gainst the Deiaware, Lackawanna & Western

DOHERTY, Appellant, V. DICKSON & {ailroad Company.

TURNBULL, Respondent. (Supreme Court, PER CURIAM. Judgment and order. af- Appellate Division, Second Department. March irmed, with costs, upon the authority of Biton- 19, 1915.) Action by Delia Doherty, as adminlo v. New York Cent. & H. R. R. Co., 163 App. istratrix, etc., against Dickson & Turnbull, a Div. 823, 149 N. Y. Supp. 339.

corporation. No opinion. Motions denied, MERRELL, J., dissents.

without costs. See, also, 151 N. Y. Supp. 1112.

DEMARTINI, Respondent, v. ZUNINO, Ap.

DONNELLY V. CITY OF NEW YORK. Dellant. (Supreme Court, Appellate Division, (Supreme Court, Appellate Division, First DeFirst Department. April 1, 1915.) Action by partment. April 1, 1915.) Action by James F. John Demartini against Frank A. Zunino. L. Donnelly against the City of New York. No E. Brown, of New York City, for appellant. opinion. Motion granted, with $10 costs. OrE. Turk, of New York City, for respondent. der filed. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

DONOHUE v. CITY WATER POWER CO.

et al. (Supreme Court, Appellate Division, DIME SAVINGS BANK OF BROOKLYN First Department. April 16, 1915.) Action by v. BUTLER. (Supreme Court, Appellate Di: James M. Donohue, as receiver, against the vision, First Department. ' April 30, 1915.) | City Water Power Company and others. No Action by the Dime Savings Bank of Brooklyn opinion. Motion denied, with $10 costs. Oragainst Louise C. Butler. No opinion. Motion der filed. See, also, 152 N. Y. Supp. 61. for leave to appeal (152 N. Y. Supp. 633) granted; question certified. Motion for continuation

DONOHUE v. ESSEX COUNTY (two casof time to answer denied. Order filed.

es). (Supreme Court, Appellate Division, First

Department. April 30, 1915.) Actions by EdDI MOMBERCELLI, Respondent, v. VAN ward Donohue as administrator, against the RIPEK, 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.

ment,

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.

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. Dit. ers, impleaded with John Anderson and others, 887, 147 N. Y. Supp. 1108. doing business, etc. E, J. Walsh, of New York

McLAUGHLIN and SCOTT, JJ., dissent City, for appellants. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1107.

DUNN, Respondent, v. EPPINGER & RCS SELL CO., Appellant. (Supreme Court, le :

pellate Division, Second Department. Marca é DONOIIUE ». ESSEX COUNTY. (Supreme 1915.) Action by Ann Dunn, as administrare Court, Appellate Division, First Department. etc., against the Eppinger & Russell Comars April 30, 1915.) Action' by Mary Donohue No opinion. Motion for reargument (151 I. against the County of Essex. No opinion. Or- Supp. 1113) denied, with $10 costs. Moos der affirmed, with $10 costs and disbursements. for leave to appeal to the Court of Appeals de Order filed.

niel, without costs.

DOPPSTADT, Respondent, V. NEW YORK

DUPAY, Respondent, V. GALBINA, Are CENT. & H. R.'R. CO., Appellant. (Supreme First Department.

lant. (Supreme Court, Appellate Diri... Court, Appellate Division, First Department.

March 19, 1915.) latra May ?, 1915.) Action by Bertha Doppstadt, as by Andrew M. Dupay against Frank J. Gaibsa

. administratrix, etc., against the New York Cen: W. D. Sporborg, of New York City, for apie tral & Hudson River Railroad Company. R. A. lant. R. A. McIntyre, of New York City, in Kutschback, of New York City, for appellant. respondent. No opinion. Order atlirned, wb D. R. Almy, of New York City,' for respondent. $10 costs and disbursements. Order filed.

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

DWYER, Appellant, v. GREENBLATT, RCLARKE, J., dissents.

spondent. (Supreme Court, Appellate Dirska First Department. April 9, 1915.) Action Elizabeth Dwyer against Louis Greenblatt

. F. In re DOUGHERTY. (Supreme Court, Ap- J. Sullivan, of New York City, for appellare pellate Division, Second Department. March 9, W. A. Jones, Jr., of New York City, for it 1915.) In the matter of the application of Wil- spondent. No opinion. Judgment afire liam J. Dougherty, for admission to the bar. | with costs. Order filed. See, also, 16 Apg diNo opinion. Application granted.

Div. 888, 147 N. Y. Supp. 1108.

V.

In re DOWNS. (Supreme Court, Appellate

DYE, Appellant, V. TOWN OF CHERRI Division, Second Department. March 5, 1915.) | CREEK, Respondent. (Supreme Court, appes In the matter of the application of B.' Irving late Division, Fourth Department. Marcha Downs to lay out a biglıway in the Town of 1915.) Action by George C. Dye against the Southampton. No opinion. Motion granted,

Town of Cherry Creek. with $10 costs, and order signed.

PER CURIAM. Interlocutory judgmert a 87 Misc. Rep. 207, 149 N. Y. Supp. 197) as

firmed, with $10 costs and disbursements. DUFFEY, Appeliant, CHARLES T.

LAMBERT, J., not sitting.
WILLS, Inc., Respondent, et al. (Supreme
Court, Appellate Division, First Department.
April 9, 1915.) Action by Edward Duffey

May 7, 1910).

EASTMAN et al., Appellants, V. BUDGE: against Charles T. Wills, Incorporated, im- al., Respondents. (Supreme Court, Appines pleaded with others. H. C. Smyth, of New Division, First Department. York City, for appellant. F. V. Johnson, of Action by Thomas C. Eastman and oben New York City, for respondent.

against Henry Budge and others. S. McLAN PER CURIAM. Judgment and order affirm- | Freedman, of New York City, for respondents

of New York City, for appellants

. L. H. ed, with costs. Order filed.

No opinion. Order affirmed, with $10 costa INGRAHAM, P. J., and LAUGHLIN, J., and disbursements. Order filed. dissent.

E. B. LATHAM & CO., Respondent, In re DUFFY. (Supreme Court, Appellate FREYKNECHT ELECTRICAL ENGINEESDivision, Second Department. March 19, 1915.) | ING & CONST. CO. et al., Appellants. A In the matter of the application of Johin T. preme Court, Appellate Division, Second 1 Duffy for admission to the bar. No opinion. partment. April 9, 1915.) In the matter of Application granted.

supplementary proceedings in an action by E. B. Latham & Co. against the H. Freykozik:

Electrical Engineering & Construction Com DUFFY, Appellant, v. PLACE, Respondent. pany and another. No opinion. Order afirmed (Supreme Court, Appellate Division, First De- by default, with $10 costs and disbursements partment. March 26, 1915.) Action by Owen See, also, 159 App. Div. 916, 144 N. Y. Suppo Duffy against James E. Place. N. Blank, of '1113.

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In re EHRLICH. (Supreme Court, Appel-1 EQUITABLE TRUST CO. OF NEW YORK

late Division, First Department. April 1, 1915.) v. BESSLING, (Supreme Court, Appellate Diat In the matter of William Ehrlich. No opinion. vision, First Department. April 30, 1915.) ACRespondent disbarred. Settle order on notice. tion by the Equitable Trust Company of New

York against Jobn E. Bessling. No opinion.

Order EICHLER, Appellant, v. FISCHER, Re- Application denied, with $10 costs.

spondent. (Supreme Court, Appellate Division, signed. El first Department. January 22, 1915.) Action

by Lillie J. Eichler, as administratrix, against August Fischer. E. M. Hawkins, of New York

ERMAN V. GREAT CENTRAL PALACE 02 - City, for appellant. H. Amster, of New York Co. (Supreme Court, Appellate Division, First on 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, WILLIAMS

N. Y. Supp. 481. BURGH CITY FIRE INS. CO., Respondent.

(Supreme Court, Appellate Division, First Del . Gal partment. April 16, 1915.) Action by Walde- ESTABROOK, Appellant, v. BULLARD, Re

mar Eitingon, as trustee, etc., against the Wil- spondent. (Supreme Court, Appellate Division, liamsburgh City Fire Insurance Company, C. Third Department. May 5, 1915.) Proceeding J. Heermance, of New York City, for appellant. in the matter of the final accounting in the esR. J. Fox, of New York City, for respondent. tate of William N. Estabrook, deceased, against No opinion. Order aflirmed, with $10 costs and Charles F. Bullard. disbursements. Order filed.

| PER CURIAM. Decree affirmed, with costs. ELECTRA TOY & NOVELTY CO., Appel

SMITH, P. J., not voting. lant, v. SIMON et al., Respondents. (Supreme Court, Appellate Division, First Department. EVANS, Respondent, v. SILABY, Appellant, April 30, 1915.) Action by the Electra Toy & et al. (Supreme Court, Appellate Division, SecNovelty Company against Jennie S. Simon and ond Department. March 26, 1915.) Action by others. E. W. Hatch, of New York City, for Eleanor S. Evans against George W. Silaby appellant. L. Oppenheimer and A. Blumenstiel, and others. No opinion. Order affirmed, with both of New York City, for respondents. No $10 costs and disbursements. opinion. Order affirmed, with $10 costs and disbursements. Order filed.

FABBRI, Appellant, v. MAYER et al., ReELIAS v. BAND. (Supreme Court, Appel- spondents. (Supreme Court, Appellate Division, late Division, Second Department. March 19, First Department. April 30, 1915.) Action by 1915.) Action by Annie Elias against Morris Edith Fabbri against Anna C. Mayer and othBand and others. No opinion. Orders of the ers,

M. E. Ingalls, of New York City, for apCounty Court of Kings County reversed, with pellant.

S. F. Moran and G. N. Whittlesey, $10 costs and disbursements, and motion denied, both of New York City, for respondents. No without costs, on authority of Dazian v. Meyer, opinion. Order affirmed, with $10 costs and dis66 App. Div. 575, 73 N. Y. Supp. 328.

bursements. Order filed.

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EMIG, Appellant, v. ALBRECHT et al., Re- FAIRCHILD v. SCARSDALE ESTATES et

spondents. (Supreme Court, Appellate Divi. al. (Supreme Court, Appellate Division, Secpreluna sion, Fourth Department. March 26, 1915.) ond Department. April 16, 1915.) Action by prese Action by Charles P. Emig, Jr., against Wil Josephine M. Fairchild against the Scarsdale

liam F. Albrecht and another, No opinion. Estates, the White Plains Development Comhe Judgment affirmed, with costs.

pany, the Guardian Trust Company, as trustee,

and others. No opinion. Motion denied, with
ENGEL et al. v, SHUBERT THEATRICAL $10 costs. See, also, 150 N. Y. Supp. 1085;
CO. (Supreme Court, Appellate Division, First 151 N. Y. Supp. 1042, 1114.
Department.

March 26, 1915.) Action by
Alexander Engel and another against the Shu-

FAMOBROSIS SOCIETY V. ROYAL BENbert Theatrical Company. No opinion. Motion EFIT SOCIETY. (Supreme Court, Appellate co Be: denied, with $10 costs. Order filed. See, also, Division, First Department. March 19, 1915.) CTBC 151 N. Y. Supp. 593.

Action by the Famobrosis Society against the

Royal Benefit Society. No opinion. Motion EPSTEIN, Appellant, v. WERBELOVSKY granted, unless appellant complies with terms

et al., Respondents. (Supreme Court, Appel- stated in order. Order filed See, also, 152 ines a late Division, Second Department. March 26, N. Y. Supp. 84.

1915.) Action by Annie Epstein against Rebecca Werbelovsky and others. No opinion. Judgment and order affirmed, with costs payable by FANNING et al. v. BELLE TERRE et al. the plaintiff appellant to the respondents Wer- (Supreme Court, Appellate Division, Second belovsky. See, also, 149 N. Y. Supp. 1080. Department. April 16, 1915.) Action by Orange

915.

Ople:

T. Fanning and another against the Belle Terre, FAY, Respondent, v. PCRCELL, Appelle! etc., and others.

(Supreme Court, Appellate Division, first lesen PER CURIAM. Judgment affirmed, with partment. March 26, 1915.) Action by Jize] costs, on authority of Fanning v. Belle Terre, J; Fay against Cornelius J. Purcell. E. J. 152 App. Div. 718, 137 N. Y. Supp. 595. Bloomberg, for appellant. No opinion. Ja BURR, J., noť voting.

ment and order attirmed, with costs.

filed. FARIELLO, Appellant, V. MURRAY, Respondent. (Supreme Court, Appellate Division, FEIN, Respondent, v. NORWALK BROS Fourth Department. March 26, 1915.), Action Co., Appellant. (Supreme Court, Appellate 1 by Nicholas Fariello against Patrick H. Mur- vision, First Departinent. March -t)1911 ray, as surviving partner, etc. No opinion. Action by Jacob C. Fein, an infant, 431 Judgment affirmed, with costs.

the Norwalk Bros. Company. A. V. Stile

of New York City, for appellant. S. L. Tota In re FARLEY, State Excise Com'r. (Su-Judgment and order reversed, with curis, .

of New York City, for respondent. No open preme Court, Appellate Division, Second De complaint dismissed, with costs, on tbe a I. partment. March 5, 1915.) In the matter of that the finding of the jury that the deiroda: the petition of William W. Farley, as State Commissioner of Excise, for an order revoking

was negligent was without evidence w ststä

it. Order filed. and canceling liquor tax certificate No. 8,320, issued to Charles J. Volekening. No opinion. Motion granted. See, also, 151 N. Y. Supp. FINCH et al., Respondents, F. STATE, Ap1115.

pellant. (Supreme Court, Appellate Diriskie, Third Department. May 5, 1915.) Action to

William T. Finch and another, individuails as: In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Fourth De- business under the firm name of the Finis

as executors of Alvah F. Finch, deceased on 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 upan.Dk a Commissioner of Excise, for an order revoking ly atlirmed, with costs. and canceling liquor tax certificate No. 16,469, issued to Nellie A. Kelley. No opinion. Order affirmed, with costs.

In re FINCK. (Supreme Court, Appellate

Division, First Department. In re FARLEY, State Excise Com’r. (Su

In the matter of Katie H. Finck, as erauthi preme Court, Appellate Division, Fourth De: tion to dismiss appeal granted, with $10 costs

of Peter House, deceased. No opinien. W:partment. March 20, 1915.) the petition of William W. Farley, as State unless appellant complies with terms stated 1 Commissioner of Excise, for an order reroking

order. Order filed. and canceling liquor tax certificate No. 16,122, issued to Nellie Schindler.

FINNIE, Respondent,

NEW YORK PER CURIAM. Order reversed, and applica- CENT. & II. R. R. CO., Appellaut. (Supreet tion denied, with costs, upon the authority of Court, Appellate Division, Fourth Department Matter of Petition of William W. Farley, etc., March 26, 1915.) Action by Bridget E. Fille In re Rosa L. Barrick Certificate, 108 N. E as administratrix, etc., against the New York 417, decided by the Court of Appeals on Febru- Central & Hudson River Railroad Count ary 25, 1915.

No opinion. Motion for leave to appea! 11.5
N. Y. Supp. 1115) to Court of Appeais debied.

with $10 costs.
FARRINGTON, Respondent, v. UNION PA-
CIFIC TEA CO., Appellant. (Supreme Court,
Appellate Division, Fourth Department. March

FIRST BANK OF NOTASULGA, Resa 26, 1915.) Action by Medford B. Farrington, ent, v. JONES et al., Appellants. (Supreme as trustee, etc., against the Union Pacific Tea Court, Appellate Division, First Department, Company. No opinion. Judgment affirmed,

March 26, 1915.) Action by First Bank with costs.

Notasulga against Richard W. Jones, Jr., Eanother. N. Rockwood, of New York City, in

appellants. H. A. Brann, Jr., of New York FAY, Respondent, v. PRESS CO., Appellant. City, for respondent. No opinion. Judamer (Supreme Court, Appellate Division, First De: and order attirmed, with costs. See First Bapa partment. April 9, 1915.) Action by James

of Notasulga v. Jones, 156 App. Div. 277, 141 Fay against the Press Company. L. J. Arnold, N. Y. Supp. 304. Order filed. of Cooperstown, for appellant. G. H. D. Foster, of New York City, for respondent. No FIRST NAT. BANK OF CITY OF BROOK: opinion. Judgment affirmed, with costs, with LYN, Appellant, v. LAFAYETTE TRUST CO leave to defendant to withdraw demurrer and et al., Respondents. (Supreme Court. Appellate to answer, on payment of costs in this court Division, Second Department. and in the court below. Order filed.

1915.) Action by the First National Bank of

April 16, 1913

Marcb 18.

the City of Brooklyn against the Lafayette FOLEY, Respondent, V. NEWMAN, AppelTrust Company and another. No opinion. Judg- lant._(Supreme Court, Appellate Division, Secment and order (85 Misc. Rep. 341, 148 N. Y. ond Department. April 16, 1915.) Action by Supp. 491) a thirmed, with costs. See, also, 86 Michael Foley, as guardian ad litem of Laura Misc. Rep. 558, 149 N. Y. Supp. 374.

Foley, an infant, against Mary E. Newman.

No opinion. Judgment and order of the County FIRST NAT. BANK OF DOLGEVILLE, Court of Westchester County unanimously afRespondent, v. BOND, Appellant. (Supreme firmed, with costs. Court, Appellate Division, Fourth Department. March 10, 1915.) Action by the First National Bank of Dolgeville against Stephen N. Bond.

FOSTER, Respondent, v. CITY OF NEW PER CURIAM. Order affirmed, with $10 YORK, Appellant. (Supreme Court, Appellate costs and disbursements.

Division, Second Department. April 1, 1915.)

Action by William Foster against the City of FOOTE, J., dissents.

New York. FITZGERALD, Respondent, v. ERIE R. PER CURIAM. Judgment and order reversCO., Appellant. (Supreme Court, Appellate ed, with costs, and complaint dismissed, on the Division, Fourth Department.

March 26, ground that the notice of intention to 1915.) Action by Catherine Fitzgerald, as ad- mence the action was defective as to the stateministratrix, etc., against the Erie Railroad ment of the time when the injuries were reCompany.

ceived, and that the form of denial contained PER CURIAM. Judgment and order revers

in the answer did not exempt the plaintiff froin ed, and new trial granted, with costs to ap- the statutory obligation of proving the service pellant to abide event. Heid, that the verdict of a proper notice. Purdy v. City of New York, is against the weight of evidence on the question 193 N. Y. 521, 523, 86 N. E. 560; Carson v. of defendant's negligence and the contributory Village of Dresden, 202 N. Y. 414, 95 N. E. negligence of the deceased. See, also, 158 App. 441, 81 N. E. 392, 123 Am. St. Rep. 605; Ban

S03; Forsyth v. City of Oswego, 191 N. Y. Div. 801, 144 N. Y. Supp. 237.

non v. City of New York, 150 App. Div. 314, FITZSIMONS v. ISMAN. (Supreme Court, 134 N. Y. Supp. 1041; Walker v. City of New Appellate Division, First Department. March York, 150 App. Div. 280, 134 N. Y. Supp. 689: 19, 1915.) Action by Ellen Fitzsimons against Mack Paving Co. v. City of New York, 142 Felix Isman. No opinion. Motion granted. App. Div. 702, 714, 127 N. Y. Supp. 738.' See, Order filed. See, also, 151 N. Y. Supp. 552.

also, 152 N. Y. Supp. 1111.

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FLANNERY V. FIFTEEN W. 44TH ST. FOSTER, Respondent, v, CITY OF NEW CO. (Supreme Court, Appellate Division, First | YORK, Appellant. (Supreme Court, Appellate Department. April 1, 1915.) Action by Viola Division, Second Department. April 23, 1915.) M. Flannery against the Fifteen w. 44th Action by William Foster against the City of Street Company. No opinion. Motion denied. New York. No opinion, Motion for rearguSettle order on notice.

ment denied, without costs. Motion for leave

to appeal to the Court of Appeals granted, FLATOW, FLINN & Co., Inc., Appellant, v.

Settle order before Mr. Justice Stapleton. See, AMERICAN MOTOR TRUCK CO. et al., Re- also, 152 N. Y. Supp. 1111. spondents. (Supreme Court, Appellate Division, First Department. April 30, 1915.) ACtion by Fatow, Flinn & Co., Incorporated, Appellate Division, Second Department. March

FOSTER v. KENNY et al. (Supreme Court, against the American Motor Truck Company and others. E. C. Crowley, of New York City, Anna M. Kenny and others. No opinion. Mo

19, 1915.) Action by Maria Foster against for appellant. A. L. Davis

, of New York City, tion for stay of proceedings in the action for for respondents. No opinion. Judgment modified, by directing that the dismissal of the com

partition denied. plaint is without prejudice to an action at law for

a breach of the contract, and, as so modified, FRANK, Appellant, v. GRUBER, Respondaffirmed, with costs to the respondents. Settle ent. (Supreme Court, Appellate Division, First order on notice.

Department. April 30, 1915.) Action by Adam

Frank against Herbert H. Gruber. A. Frank, FLYNN, Respondent, v. BRADLEY CONST. of New York City, for appellant. w. E. Ernst,

of New York City, for respondent. No opinion. IL CO., Appellant. (Supreme Court, Appellate 1 Division, First Department. January 22, 1915.) Order (in 88 Misc. Rep. 297, 150 N. Y. Supp.

664) affirmed with $10 costs and disbursements. Action by Nicholas Flynn against the Bradley Order filed. See, also, 165 App. Div. 907, 149 New York City, for appellant. Ř. A. Kutsch- N. Y. Supp. 1082. bach, of New York City, for respondent.

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PER CURIAM. Judgment and order affirm- FRANK V. ROWLAND & SHAFTO. (SuFATTI ed, with costs. Order filed.

preme Court, Appellate Division, First Depart. INGRAHAM, P. J., and DOWLING, J., dis-ment. April 1, 1915.) Action by Adam Frank sent.

against Rowland & Shafto. No opinion. Mo

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