Appellate Division, First Department. March 19, 1915.) Action by Catherine Meighan against Lillie E. Rohe and others.. No opinion. Motion denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 785.

MASLANKA, Respondent, v. AMERICAN MEIGHAN v. ROHE et al. (Supreme Court, MFG. CO., Appellant. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) Action by Leonora Maslanka, as administratrix, etc., against the American Manufacturing Company. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 150 N. Y. Supp. 1096.

ents.

MASON SEAMAN TRANSP. CO., Appellant, v. MITCHEL, Mayor, et al., Respond(Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the Mason Seaman Transportation Company against John Purroy Mitchel, as Mayor, etc., and others. A. K. Wing, of New York City, for appellant. T. Farley, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 151 N. Y. Supp. 1129.

MATHESON v. MENTE et al. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) Action by Malcolm Ross Matheson, as substituted trustee, etc., against Ottilie Mente and others, in which the Title Insurance Company of New York and others are appellants. No opinion. Respondent's motion to resettle order granted. Appellants' motion for additional findings denied. See, also, 164 App. Div. 955, 149 N. Y. Supp. 1096.

MELLA, Respondent, v. BURATI, Appellant. (Supreme Court, Appellate Division, First DeMichael Mella, an infant, against Leon Burati. partment. November 13, 1914.) Action by W. J. Hoffman, of New York City, for appellant. E. S. Greenbaum, of New York City, for Order filed. Opinion per curiam. respondent. Appeal dismissed, with $10 costs.

MELTON, Respondent, v. HAVEMEYER et

al., Appellants. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Action by Walter Melton against Horace Havemeyer and others. J. W. Hannon, of New York City, for appellants. M. Feltenstein, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

In re MELVIN STABLE CO. et al. (Supreme Court, Appellate Division, First Department. April 30, 1915.) In the matter of the Melvin Stable Company and others. C. A. Appleton and N. L. Keach, both of New York City, for appellants. W. L. Tierney, of New York City, for respondent. No opinion. Order afMAUERER, Respondent, v. HICKLER, Ap-firmed, with $10 costs and disbursements. Orpellant. (Supreme Court, Appellate Division, der filed. Fourth Department. March 17, 1915.) Action by Ellen Mauerer against Mary Hickler. No opinion. Judgment and order affirmed, with costs.

MEYER, Appellant, v. HEDGES, Respondent. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Action by Ludwig Meyer against Dayton Hedges. H. G. K. Heath, of New York City, for appellant. J. F. Donnelly, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 151 N. Y. Supp. 1130; 152 N. Y. Supp. 1127.

MEYER, Appellant, v. HEDGES, Respondent. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Action by Ludwig Meyer against Dayton Hedges. H. G. K. Heath, of New York City, for appellant. J. F. Donnelly, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 151 N. Y. Supp. 1130; 152 N. Y. Supp. 1127.

M. C. BABCOCK CO., Respondent, v. GOOD-
WIN, Appellant. (Supreme Court, Appellate
Division, First Department. April 30, 1915.)
Action by M. C. Babcock Company against
Henry G. Goodwin. T. J. Curran, of New York
City, for appellant. R. Hinds, of New York
City, for respondent. No opinion. Order af-
firmed, with $10 costs and disbursements.
der filed.

Or

MESSER v. BURSTEIN et al. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Fannie Messer against Charles Burstein and others. No opinion. Motion denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 1130.

METROPOLITAN LIFE INS. CO., Respondent, v. HEINZE et al., Appellants. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Action by the Metropolitan Life Insurance Company against Ruth H. Heinze and another. F. Bien, of New York City, for appellants. P. S. Dean, of New York affirmed, with costs. City, for respondent. No opinion. Judgment Order filed. See. also, 163 App. Div. 951, 148 N. Y. Supp. 1130.

METROPOLITAN TRUST CO. v. STALLO First Department. April 16, 1915.) Action by et al. (Supreme Court, Appellate Division, the Metropolitan Trust Company against Edmund K. Stallo and others. No opinion. Motion granted; questions certified as stated in order order filed. See, also, 152 N. Y. Supp. 173, 1127.

METROPOLITAN TRUST CO. v. STALLO et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by the Metropolitan Trust Company against Edmund K. Stallo and others. No opinion. Motion denied, the defendants to have leave to

move for reargument, or to vacate the injunc-, tion granted by this court, if the Court of Appeals should sustain the demurrer to the complaint on the appeal allowed on such demurrer. Settle order on notice. See, also, 152 N. Y. Supp. 1127.

METROPOLITAN TRUST CO. OF CITY OF NEW YORK, Appellant, v. STALLO, Respondent. (Supreme Court, Appellate Division, First Department. March 12, 1915.) Action by the Metropolitan Trust Company of City of New York, individually and as administrator, etc., against Laura McD. Stallo. No opinion. Motion granted. See, also, 152 N. Y. Supp. 183.

MEYER v. HEDGES. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Ludwig Meyer against Dayton Hedges. No opinion. Motion denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1127.

MEYER. Respondent, v. MOTOR TRANSIT CO., Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) Action by Johanna Meyer against the Motor Transit Company, impleaded with others.

PER CURIAM. Judgment and order affirmed, with costs.

MERRELL, J., dissents.

MEYERSON v. UNITED STATES GRAND LODGE INDEPENDENT ORDER SONS OF BENJAMIN. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Annie Meyerson against the United States Grand Lodge Independent Order Sons of Benjamin. No opinion. Application denied, with $10 costs. Order signed. See, also, 151 N. Y. Supp. 932.

ancillary administrator, etc., against Edm K. Stallo and others. N. Rockwood and C. E. Stoll, both of New York City, for appellants E. M. Otterbourg, of New York City, for re spondent. No opinion. Judgment and order affirmed, with costs. Order filed.

MILLER et al., Respondents, v. CORKER Appellant. (Supreme Court, Appellate Di sion, First Department. April 9, 1915.) A tion by Nathan J. Miller and others ag Palmer L. Corker. R. L. Turk, of New Y City, for appellant. W. H. Pollak, of New Ye City, for respondents. No opinion. Judgment affirmed, with costs. Order filed.

MILLER v. MILLER. (Supreme Court Ap pellate Division, First Department. April 1915.) Action by Alexander J. Miller against Elsie S. Miller. No opinion. Motion to dis miss appeal granted, with $10 costs. Order filed.

MILLS, Appellant, v. DERRICK, Respondent. (Supreme Court, Appellate Division, Se ond Department. March 12, 1915.) Action by Peter E. Mills against Clara E. Derrick. No opinion. Order affirmed, with $10 costs disbursements. See, also, 152 N. Y. Supp. 112

MILLS, Respondent, v. DERRICK, Appe lant. (Supreme Court, Appellate Division, Second Department. March 12, 1915.) Action by Peter E. Mills against Clara E. Derrick. N opinion. Order affirmed, with $10 costs an disbursements. See, also, 152 N. Y. Supp. 1125

MITCHELL, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1913) Action by Alfred A. Mitchell against the City of New York. No opinion. Order ahmed with $10 costs and disbursements, with leave to defendant to renew its motion upon ad tional papers, if so advised.

MEYRSON, Appellant, V. INTERBORO RAPID TRANSIT CO., Respondent. (Su- MOCK et al. v. LEONARD et al. (Supreme preme Court, Appellate Division, First Depart- Court, Appellate Division, First Department ment. April 30, 1915.) Action by Cornelia March 19, 1915.) Action by Veronica Mo Meyrson against the Interboro Rapid Transit and another against Vincent L. Leonard a Company. G. J. Gruenberg, of New York City, others, with Michael Simon as purchaser. for appellant. B. H. Ames, of New York City, T. Sapinsky, of New York City, for appellants for respondent. No opinion. Order affirmed, J. J. Harris, of New York City, for respe with $10 costs and disbursements. Order filed.ents. No opinion. Order affirmed, with $1 costs and disbursements. Order filed.

MICELLI, Respondent, v. SCOCCO, Appellant, et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Pietro Micelli against Rocco Scocco, impleaded with others. B. Patterson, of New York City, for appellant. J. R. Damico, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

MOFFETT v. EAMES et al. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Annie Aletta ElwtMoffett, as executrix, etc., against Harris . Eames, as trustee, etc., and others. No opinio Motion for leave to appeal to Court of Appeas denied, as leave is unnecessary.

MOFFETT, Appellant, v. PIEL, Respondent MILES v. STALLO et al. (Supreme Court, (Supreme Court, Appellate Division, Second De Appellate Division, First Department. April partment. March 5, 1915.) Action by An Action by George G. Miles, Jr., as Aletta Elwell Moffett, as executrix, etc., agaiLs

9, 1915.)

Gottfried Piel, as executor, etc. No opinion. 130, 1915.) Action by Thomas A. Moorehead
Motion for leave to appeal to the Court of Ap against the Realty Associates. No opinion.
peals denied, as leave is unnecessary.
Motion denied. See, also, 152 N. Y. Supp. 342.

=

MOMAND v. LANDERS et al. (Supreme MORF, Appellant, v. RALPH et al., RespondCourt, Appellate Division, First Department. ents. (Supreme Court, Appellate Division, April 9, 1915.) Action by Ragland Momand, Third Department. May 5, 1915.) Action by as director, etc., against George M. Landers Betsey H. Morf against Joseph Ralph and anand others, impleaded, etc. H. M. Earle, of other. No opinion. Order unanimously afNew York City, for appellants. F. R. Greene, firmed, with costs. of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. with leave to defendants to withdraw demurrer and to answer, on payment of costs in this court and in the court below. Order

MORIARTA, Appellant, V. RICHMOND LIGHT & R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Bertha J. Moriarta, as administratrix, etc., against the Richmond Light & Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs. See, also, 152 N. Y. Supp. 1129.

MORIARTA, Appellant, V. RICHMOND LIGHT & R. CÔ., Respondent. (Supreme Court, Appellate Division, Second Department. April 30, 1915.) Action by Bertha J. Moriarta, as administratrix, etc., against the Richmond Light & Railroad Company. No opinion. Motion denied. See, also, 152 N. Y. Supp. 1129.

MORRIS et al., Respondents, v. CAHN et al., Appellants. (Supreme Court, Appellate DiviJanuary 22, 1915.) sion, First Department. Action by Abram Morris and another against New York City, for appellants. M. L. Schallek, W. C. Low, of of New York City, for respondents. No opinion. Judgment affirmed, with costs. Order filed. See, also, 165 App. Div. 907, 149 N. Y. Supp. 1098.

Ferdinand Cahn and another.

MONTANA et al. v. PHOENIX FIRE INS. CO. OF PARIS, FRANCE. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Angelo Montana and oth- MORRIS et al., Appellants, v. LENNON et ers against the Phoenix Fire Insurance Com-al., Respondents. (Supreme Court, Appellate pany, of Paris, France. No opinion. Judgment and order affirmed, with costs.

ion.

Division, First Department. March 19, 1915.) Action by Lewis G. Morris and others against John J. Lennon and another. H. Swain, of MOORE, Appellant, v. O'ROURKE, Respond- New York City, for appellants. L. C. Weiler, ent. (Supreme Court, Appellate Division, First of New York City, for respondents. No opinDepartment. March 26, 1915.) Action by Ben-bursements, and order for examination of deOrder reversed, with $10 costs and disjamin E. Moore against William O'Rourke, as president, etc. T. A. McCole, of New York City, for appellant. B. J. Wright, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements, with leave to plaintiff to amend on payment of costs. Order filed.

MOORE, Respondent, v. OTTO GAS ENGINE WORKS, Appellant. (Supreme Court, Appellate Division, Second Department. March 12, 1915.) Action by Michael E. Moore against the Otto Gas Engine Works. No opinion. Order affirmed, with $10 costs and disbursements, with leave to renew if this action is not diligently prosecuted.

MOOREHEAD, Appellant, v. REALTY ASSOCIATES, Respondent. (Supreme Court, Appellate Division, Second Department. April'

fendant Lennon reinstated; the time for such examination to be fixed on the entry of the order. Settle order on notice.

In re MOULTON. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) In the matter of the application of Charles F. Moulton for the appointment of commissioners to ascertain the damage to his property caused by the change of grade on East Main street, in the village of Cuba. No opinion. Motion for leave to appeal (from 151 N. Y. Supp. 1131) to Court of Appeals granted, and questions for review certified.

MT. VERNON TRUST CO. et al. v. PENFIELD et al. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by the Mt. Vernon Trust Company and another, as trustees, etc., against James T. Pen

field, individually and as trustee, etc., and others. No opinion. Motion denied. See, also, 151 N. Y. Supp. 1131.

NELSON, Respondent, V. MORSE DRY DOCK & REPAIR CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) Action by Torge Nelson MOWBRAY v. DE FOREST. (Supreme against the Morse Dry Dock & Repair Coar Court, Appellate Division, First Department. pany. No opinion. Judgment and order unanMarch 26, 1915.) Action by William E. Mow-imously affirmed, with costs. bray against Harriet De Forest. No opinion. Motion denied, with $10 costs. Order filed. See, also, 162 App. Div. 906, 146 N. Y. Supp. 1101.

MULVANEY v. NESI et al. (Supreme Court, Appellate Division, First Department. April 9, 1915.) Action by Mary C. Mulvaney against Michele Nesi and others. M. Schleimer, of New York City, for appellant. H. Swain, of New York City, for respondents. No opinion. Judgment affirmed, with costs. Order filed.

MURPHY v. HIRSCHMAN et al. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) Action by Charles T. Murphy against Stuard Hirschman and othNo opinion. Motion granted, with leave to vacate if the case is not diligently prosecuted, and argued not later than the May term.

ers.

MURTFELDT, Respondent, v. THORN, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by Edward M. Murtfeldt against Leander H. Thorn.

In re NEW COURTHOUSE SITE IN CITY OF NEW YORK. (Supreme Court, Ap pellate Division, First Department. April 30, 1915.) In the matter of the new courthouse site in the City of New York, wherein John P. Suerken and others appeal. No opinion. Order affirmed, with costs and disbursements. Order filed. See, also, 163 App. Div. 855, 147 N. Y. Supp. 1128; 151 N. Y. Supp. 407.

In re NEWELL. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) In the matter of James E. Newell, ar attorney and counselor at law. No opinion. Issues raised by the petition and the answer thereto referred to Mr. Charles A. Hawley, attorney, of Seneca Falls, to take the proots thereon and report the same to this court, to gether with his opinion thereon.

NEW YORK ELECTRIC LINES CO. T. EMPIRE CITY SUBWAY CO. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by the New York Elec tric Lines Company against the Empire City Subway Company. No opinion. Motion grantPER CURIAM. Motion for stay pending ap-ed, unless appellant complies with terms stated peal granted, upon condition that appellant per- in order. Order filed. fect his appeal, place the case on the calendar of the first motion day of the May term, and be ready for argument when reached. The court thinks that the issue should be tried at the Trial Term appointed for Orange county in May, 1915, that stipulation to that effect be made between the parties, and that the order should so provide. Settle order before Mr. Justice Stapleton.

NEW YORK REALTY OWNERS. Appellant, v. ISAACS et al., Respondents. (Supreme Court, Appellate Division, Second Department April 16, 1915.) Action by the New York Realty Owners against Bendet Isaacs and another as executors, etc., of Myer Finn, deceased. No opinion. Judgment affirmed, with costs.

NICHOLSON et al. v. SPRAGUE et al. (Supreme Court, Appellate Division, First De NALEWAJKO, Respondent, v. TENNES-partment. April 30, 1915.) Action by Angus SEE COPPER CO., Appellant. (Supreme H. Nicholson and others against Charles S. Court, Appellate Division, First Department. Sprague and others. No opinion. Applicatic: March 12, 1915.) Action by Nicholaus Nale- granted. Order signed. See, also, 152 N. I. wajko against the Tennessee Copper Company. Supp. 228. J. S. Wise, of New York City, for appellant. B. Gordon, of New York City, for respondent. PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to abide event, on the ground that the finding of the jury that the plaintiff was free from contributory negligence was against the weight of evidence. Order filed.

SCOTT and HOTCHKISS, JJ., dissent.

NELSON, Respondent, v. EDWARD DE V. TOMPKINS, Inc., Appellant. (Supreme Court, Appellate Division, First Department. April 23, 1915.) Action by Robert Nelson against Edward De V. Tompkins, Incorporated. J. B. Doyle, of New York City, for appellant. W. S. Evans, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

NOWAK, Respondent, v. DE LANEY
FORGE & IRON CO., Appellant. (Supreme
Court, Appellate Division, Fourth Department.
March 26, 1915.) Action by Paul Nowak
against the De Laney Forge & Iron Compar
No opinion. Motion for leave to appeal (în 151
N. Y. Supp. 1133) to Court of Appeals derie
with $10 costs.

NUSBAUM, Appellant, V. TERRY &
TENCH CO. et al., Respondents. (Supreme
Court, Appellate Division, First Departner:
January 22, 1915.) Action by Phoebe Nusbau
as administratrix, against the Terry & Te
Company and others. H. M. Schaap, of Ne
York City, for appellant. J. J. Mahoney, e
New York City, for respondents.
No opinion
Judgment affirmed, with costs. Order filed.

O'BRIEN V. COOGAN. (Supreme Court, New York City, for appellant. Chas. J. NehrAppellate Division, Second Department. March bas, of New York City, for respondent. 5, 1915.) Action by Herbert A. O'Brien against Charles E. Coogan, wherein John Henry Templeman and another appeal. No opinion. Judgment of the County Court of Queens county affirmed, with costs.

O'CONNOR v. LEVINE. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Daniel P. O'Connor against Arthur J. Levine. No opinion. Appeal dismissed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1131.

O'CONNOR v. LEVINE. (No. 7026.) (Supreme Court, Appellate Division, First Department. March 19, 1915.) Appeal from Special Term, New York County. Action by Daniel P. O'Connor against Arthur J. Levine. From an order denying motion to vacate order for examination of defendant before trial, defendant appeals. Reversed. See, also, 151 N. Y. Supp. 1134. Herbert C. Smyth, of New York City, for appellant. Wm. L. Tierney, of New York City, for respondent.

PER CURIAM. The order appealed from must be modified, by requiring the defendant to pay all the costs of the action to date as a condition of permitting him to serve an amended answer. As so modified, the order is affirmed, without costs.

In re OSHLAG. (Supreme Court, Appellate In the matter of Isidore Oshlag, an attorney. Division, Second Department. April 16, 1915.) No opinion. Matter referred to Hon. Josiah T. Marean, official referee. Sec, also, 162 App. Div. 909, 146 N. Y. Supp. 1103.

OTT, Respondent, v. WESEL, Appellant. (Supreme Court, Appellate Division, First Department. April 23, 1915.) Action by Louis Ott, Jr., against Ferdinand Wesel, as executor, etc. G. Lange, Jr., of New York City, for appellant. L. H. Hall, of New York City, for respondent. No opinion. Judgment affirmed, with costs. Order filed.

OTTO, Respondent, v. HUME, Appellant. PER CURIAM. The plaintiff having knowl-(Supreme Court, Appellate Division, Fourth edge of the contract which he claims was made Department. March 17, 1915.) Action by with the defendant, he is not entitled to ex- William E. Otto against Allison K. Hume. No amine the defendant before trial for the puropinion. Interlocutory and final judgments pose of framing a complaint. The order ap- affirmed, with costs. pealed from must be reversed, with $10 costs and disbursements, and the motion to vacate granted, with $10 costs.

OLSON, Appellant, v. NEW YORK TELEPHONE CO., Respondent. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Herbert Olson, by Simon P. Olson, his guardian ad litem, against the New York Telephone Company. No opinion. Application denied, with $10 costs.

ONEIDA SAVINGS BANK v. DAVIS et al. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) Action by the Oneida Savings Bank against William H. Davis and others. No opinion. Order aflirmed, with $10 costs and disbursements.

O'NEILL, Respondent, v. PERKINS et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by James L. O'Neill, as assignor, etc., against Edward M. Perkins and another. No opinion. Order affirmed, with $10 costs and disbursements. See Mills v. Sparrow, 131 App. Div. 241, 115 N. Y. Supp. 629.

ORTELERO v. DOUGHERTY. (No. 7008.) (Supreme Court, Appellate Division, First Department. March 19, 1915.) Appeal from Special Term, New York County. Action by James V. Ortelero against George S. Dougherty. From an order granting defendant's motion for leave to serve an amended answer, plaintiff appeals. Affirmed. Isidor Unger, of

In re PACE et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) In the matter of Francis P. Pace and another. No opinion. Referred to Hon. John J. Freedman, official referee. Settle order on notice.

PALMA v. TOWN OF NORTH HEMPSTEAD. HOFFMAN v. SAME. (Nos. 7253, 7254.) (Supreme Court, Appellate Division, First Department. April 30, 1915.) Appeal from Special Term, New York County. Separate actions by Mary T. Palma and by Walter W. Hoffman against the Town of North Hempstead. From orders denying motion for a change of the place of trial, the defendant appeals in each case. Orders affirmed, without prejudice to a renewal. Erastus J. Parsons, of New York City, for appellant. Thomas J. O'Neill, of Yonkers, for respondents.

PER CURIAM. The orders appealed from are affirmed, with $10 costs and disbursements, turely made, without prejudice to a renewal of upon the ground that the motions were premathe motions upon the ground of the convenience of witnesses, after issue joined.

PANGBURN, Respondent, v. BUICK_MOTOR CO., Appellant, et al. (Supreme Court, Appellate Division, Third Department. May 5, 1915.) Action by Alfred Pangburn against the Buick Motor Company, impleaded with Walter M. Grounsell. No opinion. Judgment and order unanimously affirmed, with costs. See, also, 164 App. Div. 920, 149 N. Y. Supp. 1101.