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MASLANKA, Respondent, v. AMERICAN MEIGHAN v. ROHE et al. (Supreine Court, MFG. CO., Appellant. (Supreme Court, Ap. Appellate Division, First Department. March pellate Division, Second Department. March 19, 1915.) Action by Catherine Meighan against 26, 1915.) Action by Leonora Maslanka, as Lillie E. Rohe and others.. No opinion. VOadministratris, etc., against the American tion denied, with $10 costs. Order filed. See, Manufacturing Company. No opinion. Order also, 151 N. Y. Supp. 785. affirmed, with $10 costs and disbursements. See, also, 150 N. Y. Supp. 1096.

MELLA, Respondent, v. BURATI, Appella nt.

(Supreme Court, Appellate Division, First DeMASON SEAMAN TRANSP. CO., Appel- lichael Mella, an infant,'against Leon Burati.

November 13, 1914.) Action by lant, v. MITCHEL, Mayor, et al., Respond. W. J. Hctfman, of New York City, for appelents. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by lant. E. S. Greenbaum, of New York City, for the Mason Seaman Transportation Company Order filed. Opinion per curiam.

respondent. Appeal dismissed, with $10 costs. against John Purroy Mitchel, as Mayor, etc., and others. A. K. Wing, of New York City, for appellant. T. Farley, of New York City, al., Appellants. Supreme Court, Appellate Di

MELTON, Respondent, v. HAVEMEYER_et for respondents. No opinion. Order affirmed,

vision, First Department. May 7, 1915.) ACwith $10 costs and disbursements. Order filed. tion by Walter Melton against Horace IlaveSee, also, 151 N. Y. Supp. 1129.

meyer and others. J. W. Hannon, of New York

City, for appellants. M. Feltenstein, of New MATHESON V. MENTE et al. (Supreme York City, for respondent. No opinion. JudgCourt, Appellate Division, Second Department. ment and order atlirmed, with costs. Order

April 16, 1915.) Action by Malcolm Ross filed. B Matheson, as substituted trustee, etc., against

Ottilie Mente and others, in which the Title Insurance Company of New York and others are

In re MELVIN STABLE CO. et al.

(Suappellants. No opinion. Respondent's motion preme Court. Appellate Division, First Departto resettle order granted.

Appellants' motion ment. April 30, 1915.) In the matter of the for additional findings denied. See, also, 164 Melvin Stable Company and others. C. A. Ap+ App. Div. 953, 149 N. Y. Supp. 1096.

pleton and N. L. Keach, both of New York City, for appellants. W. L. Tierney, of New York

City, for respondent. No opinion. Order af MAUERER, Respondent, y. HICKLER, Ap-firmed, with $10 costs and disbursements. Or. pellant. (Supreme Court, Appellate Division, der filed. Fourth Department. March 17, 1915.) Action by Ellen Mauerer against Mary Hickler. No opinion. Judgment and order aflirmed, with MESSER V. BURSTEIN et al. (Supreme costs,

Court, Appellate Division, First Department.
March 19, 1915.) Action by Fannie Messer

against Charles Burstein and others. No opinMEYER, Appellant, v. HEDGES, Respond-ion. Motion denied, with $10 costs. Order filent. (Supreme Court Appellate Division, First ed. See, also, 151 N. Y. Supp. 1130. Department. March 26, 1915.) Action by Ludwig Meyer against Dayton Hedges. H. G. K. METROPOLITAN LIFE INS, CO., RespondHeath, of New York City, for appellant. J. F.ent, v. HELYZE et al., Appellants. (Supreme Donnelly, of New York City, for respondent. Court, Appellate Division, First Department. So opinion. Judgment and order affirmed, January 22, 1915.) Action by the Metropoliwith costs. Order filed. See, also, 151 N. Y. tan Life Insurance Company against Ruth H. Supp. 1130; 15 X. Y. Supp. 1127.

Heinze and another. F. Bien, of New York
City, for appellants. P. S. Dean, of New York

City, for respondent. No opinion. Judgment
MEYER, Appellant, y. HEDGES, Respond affirmed. with costs. Order filed. See, also,
ent. (Supreme Court, Appellate Division, First 163 App. Div. 951, 148 N. Y. Supp. 1130.
Department. March 26, 1915.) Action by
Ludwig Meyer against Dayton Hedges. H. G.
K. Heath, of New York City, for appellant. J.

METROPOLITAN TRUST CO. v. STALLO F. Donnelly, of New York City, for respond First Department. April 16, 1915.) Action by

(Supreme Court, Appellate Division, No opinion. costs and disbursements. Order filed. "See,'al- the Metropolitan Trust Company against Ed so, 151 N. Y. Supp. 1130; 102 N. 1. Supp. 1127. tion granted; questions certified as stated in

et al.

mund K. Stallo and others. No opinion. Vo.

order: order filed. See, also, 152 N. Y. Supp. M. C. BABCOCK CO., Respondent, v. GOOD- 173, 1127. WIN, Appellant.

(Supreme Court, Appellate Division, First Department.

April 30, 1915.) Action by M. C. Babcock Company against

METROPOLITAN TRUST CO, V. STALLO Henry G. Goodwin. T. J. Curran, of New York et al. (Supreme Court, Appellate Division, City, for appellant. R. Hinds, of New York First Department. April 16, 1915.) Action by City, for respondent. No opinion. Order af- the Metropolitan Trust Company against Edfirmed, with $10 costs and disbursements. Or- mund K. Stallo and others. No opinion. Moder filed.

tion denied, the defendants to have leave to

ent.

move for reargument, or to vacate the injunc- , ancillary administrator, etc., against Edmai tion grurted by this court, if the Court of Ap-K. Stallo and others. N. Rockwood and C. H. peals should sustain the demurrer to the com- Stoll, both of New York City, for appellasts plaint on the appeal allowed on such demur. E. M. Otterbourg, of New York City, for it

Settle order on notice. See, also, 152 N. spondent. No opinion. Judgment and ordet Y. Supp. 1127.

a ifirmed, with costs. Order filed.

rer.

METROPOLITAN TRUST CO. OF CITY

MILLER et al., Respondents, v. CORKER OF NEW YORK, Appellant, v. STALLO, Re: Appellant. (Supreme Court, Appellate D. spondent. (Supreme Court, Appellate Division, sion, First Department. April 9, 1915.) de First Department. March 12, 1915.) Action

tion by Nathan J. Miller and others and by the Metropolitan Trust Company of City of Palmer L. Corker. R. L. Turk, of New To New York, individually and as administrator, City, for appellant. W. H. Pollak, of New Year etc., against Laura McD. Stallo. No opinion City, for respondents. No opinion. Judgmen: Motion granted. See, also, 152 N. Y. Supp.

affirmed, with costs. Order filed. 183.

MILLER v, MILLER. (Supreme Court 4

pellate Division, First Department. Aprut MEYER v. HEDGES. (Supreme Court, Ap- 1915.) Action by Alexander J. Viller guns pellate Division, First Department. April 16, Elsie S. Miller. No opinion. Motion to th 1915.) Action by Ludwig Meyer against Day- miss appeal granted, with $10 costs. Order ton Hedges. No opinion. Motion denied, with filed. $10 costs. Order fiied. See, also, 152 N. Y. Supp. 1127.

MILLS, Appellant, v. DERRICK, Resposo.

ent. (Supreme Court, Appellate Division, S MEYER. Respondent, v. MOTOR TRANSIT ond Department. March 12, 1915.) Action by CO., Appellant, et al. (Supreme Court, An- Peter E. Mills against Clara E. Derrick. Ne pellate Division, Fourth Department. March opinion. Order affirmed, with $10 costs 2. 17, 1915.) Action by Johanna Meyer against disbursements. See, also, 152 N. Y. Supp. 1128 the Votor Transit Company, impleaded with others.

MILLS, Respondent, v. DERRICK, Appe? PER CURIAM. Judgment and order allirm-lant. (Supreme Court, Appellate Division, ed, with costs.

ond Department. March 12, 1915.) Activat MERRELL, J., dissents.

Peter Ė. Mills against Clara E. Derrick N

opinion. Order a tirmed, with $10 costs & MEYERSON v. UNITED STATES GRAND disbursements. See, also, '152 N. Y. Supp. 113 LODGE INDEPENDENT ORDER SONS OF BENJAMIN. (Supreme Court, Appellate Di

MITCHELL, Respondent, v. CITY OF NER vision, First Department. April 16, 1915., YORK, Appellant. (Supreme Court, appena Action by Annie Meyerson against the United Division, Second Department. April 23, 195 States Grand Lodge Independent Order Sons of Action by Alfred A. Mitchell against the Co Benjamin. No opinion. Application denied, of New York. with $10 costs. Order signed. See, also, 151 with $10 costs and disbursements, with lears

No opinion. Order af. Dr. N. Y. Supp. 932.

to defendant to renew its motion upon 9C1

tional papers, if so advised. MEYRSON, Appellant, INTERBORO RAPID TRANSIT CO., Respondent. (Su MOCK et al. v. LEONARD et al. (Supreme preme Court, Appellate Division. First Depart. Court, Appellate Division, First Departments ment. April 30, 1915.) Action by Cornelia March 19, 1915.) Action by Veronica Vus Meyrson against the Interboro Rapid Transit and another against Vincent L Leonard es 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 appellant: for respondent. No opinion. Order affirmed, J. J. Harris, of New York City, for respond with $10 costs and disbursements. Order filed. ents. No opinion. Order affirmed, with $11

costs and disbursements. Order filed. MICELLI, Respondent, v. SCOCCO, Appellant, et al. (Supreme Court, Appellate Divi MOFFETT V. EAMES sion, First Department. April 10, 1915.) Ac-Court, Appellate Division, Second Departner tion by Pietro Micelli against Rocco Scocco, im- March 5, 1915.) Action by Annie Aletta Elet pleaded with others. B. Patterson, of New Moffett,'as executrix, etc., against Harris 6 York City, for appellant. J. R. Damico, of Eames,'as trustee, etc., and others. No opiniaa New York City, for respondent. No opinion. Votion for leave to appeal to Court of Appeas Order affirmed, with $10 costs and disburse- denied, as leave is unnecessary. ments. Order filed

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 Abbie 9, 1915.) Action' by George G. Miles, Jr., as' Sietta Elwell Moffett, as executrix, etc., agains

et al. (Supreme

Gottfried Piel, as executor, etc. No opinion. | 30, 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.

JOMAND V. LANDERS et al. (Supreme MORF, Appellant, v. RALPH et al., Respond-
('ourt, 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. Jorf against Joseph Ralph and an-
and others, impleaded, etc. H. M. Earle, of other. No opinion, Order unanimously af-
New York City, for appellants. F. R. Greene, firmed, with costs.
of New York City, for respondent. No opinion.
Order affirmed, with $10 costs and disburse-
ments, with leave to defendants to withdraw

MORIARTA, Appellant, RICIAMOND demurrer and to answer, on payment of costs LIGHT & R. CO., Respondent. (Supreme in this court and in the court below. Order Court, Appellate Division, Second Department. filed.

March 5, 1915.) Action by Bertha J. Moriarta,
as administratrix, etc., against the Richmond

Light & Railroad Company. No opinion. Judg-
MONOGUE, Appellant, v. CITY OF SCHE- ment and order unanimously affirmed, with costs.
NECTADY et al., Respondents. (Supreme

See, also, 152 N. Y. Supp. 1129. Court, Appellate Division, Third Department. March 18, 1915.) Action by Michael T. Mono- MORIARTA, Appellant, RICHMOND gue against the City of Schenectady and others. LIGHT & R. CO., Respondent. (Supreme No opinion. Motion granted, unless within 10 Court, Appellate Division, Second Department. days appellant pays to the respondent $10 costs April 30, 1915.) Action by Bertha J. Moriarta, of this motion, and procures case to be printed as administratrix, etc., against the Richmond and tiled in this court by the 15th day of April, Light & Railroad Company. No opinion. Mo1915, in which case the motion is denied, with-tion denied. See, also, 152 N. Y. Supp. 1129.

V.

out costs.

.

MORRIS et al., Respondents, v. CAIN et al.,
MONROE v.
MUSICA et al. (Supreme

Appellants. (Supreme Court, Appellate Divi-
Court

, Appellate Division, Second Department. sion, First Department. January 22, 1915.) March 19, 1915.) Action' by Virginia 11. Mon-| Action by Abram Morris and another against

W. C. Low, of roe against Antonio Musica and another. No Sew York City, for appellants. M. L. Schallek, opinion. Motion denied, with $10 costs. See,

of New York City, for respondents. No opinN also, 151 N. Y. Supp. 304.

ion. Judgment ailirined, with costs. Order

filed. See, also, 105 App. Div. 907, 149 N. Y. MONTANA et al. v. PHOENIX FIRE INS. Supp. 1098. 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 Phænis Fire lusurance Com- al., Respondents. (Supreme Court, Appellate pany, of Paris, France. No opinion. Judg- Division, First Department. March 19, 1915.) ment and order affirmed, with costs.

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, Cirst of New York City, for respondents. No opin:

Order reversed, with $10 costs and disDepartment. March 26, 1915.) Action by Ben- bursements, and order for examination of dejamin E. Moore against William O'Rourke, as president, etc.

T. A. McCole, of New York fendant Lennon reinstated; the time for such City, for 'appellant. B.J. Wright, of New York examination to be fixed on the entry of the orCity, for respondent.

No. opinion. Order af der. Settle order on notice. firmed, with $10 costs and disbursements, with leave to plaintiff to amend on payment of costs.

In re MOULTON. (Supreme Court, Appel-
Order filed.

late Division, Fourth Department. March 26,
1915.) In the matter of the application of

Charles F. Moulton for the appointment of
MOORE, Respondent, v. OTTO GAS EN commissioners to ascertain the damage to his
GINE WORKS, Appellant. (Supreme Court, property caused by the change of grade on
Appellate Division, Second Department. March | East Main street, in the village of Cuba. No
12, 1915.) Action by Michael E. Joore against opinion. Motion for leave to appeal (from 151
the Otto Gas Engine Works. No opinion. Or X. Y. Supp. 1131) to Court of Appeals granted,
der aflirmed, with $10 costs and disbursements, and questions for review certified.
with leave to renew if this action is not dili-
gently prosecuted.

MT. VERNON TRUST CO. et al. v. PEN.

FIELD et al. (Supreme Court, Appellate DiMOOREHEAD, Appellant, v. REALTY AS vision, Second Department. March 19, 1915.) SOCIATES, Respondent. (Supreme Court, Ap;| Action by the Mt. Vernon Trust Company and pellate Division, Second Department, April'another, as trustees, etc., against James T. Pen

ers.

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Costs.

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field, individually and as trustee, etc., and oth- NELSON, Respondent, V. MORSE DRI

0 1 No opinion. Motion denied. See, also,DOCK & REPAIR CO., Appellant. (Suprtle 151 V. Y. Supp. 1131.

Court, Appellate Division, Second Lepariweb.

April 16, 1915.) Action by Torge Verona
MOWBRAY V, DD FOREST. (Supreme against the Morse Dry Dock & Repair Cum-
Court, Appellate Division, First Department. pany. No opinion. Judgment and order unde-
March 26, 1915.) Action by William E. Mow-imously atlirmed, with costs.
bray against Harriet De Forest. No opinion.
Motion denied, with $10

Order biled.

In re

NEW COURTHOUSE SITE IN 00 See, also, 102 App. Div, 900, 146 N. Y. Supp. CITY OF NEW YORK. (Supreme Court, Az1101,

pellate Division, First Department. April 34 1913.) In the matter of the new courthouse

site in the City of New York, wherein John MULVANEY v. NESI et al. (Supreme Court, P. Suerken and others appeal. No opiu... Appellate Division, Birst Department. April Order ailirmed, with costs and disbursements 9, 1915.) Action by Mary C. Mulvaney against Order filed. See, also, 163 App. Dir, S5, 147 Michele Nesi and others. M. Schleimer, of N. Y. Supp. 1128; 151 X Y. Supp. 107.

0 CY
New York City, for appellant. H. Swain, of
New York City, for respondents. No opinion. In re NEWELL. (Supreme Court, Appellate
Judgment atfirmned, with costs. Order bied. Division, Fourth Department.

March 17,

1915.) In the matter of James E. Newell, ac MURPIIY HIRSCHMAN et al. (Su- attorney and counselor at law, No opiniu. preme Court, Appellate Division, Second De Issues raised by the petition and the ansker partment. April 16, 1915.) Action by Charles / thereto referred to Mr. Charles A. Hlates T. Murphy against Stuard Hirschman and oth- uttorney, of Seneca Falls, to take the proti P.. ers. No opinion. Motion granted, with leave thereon and report the same to this court, to to vacate if the case is not diligently prosecuted, gether with his opinion thereon.

Turk ( and argued not later than the May term.

PER

NEW YORK ELECTRIC LINES CO. 1 MURTFELDT, Respondent, v. THORN, AD-| EMPIRE CITY SUBHAY CO. pellant. (Supreme Court, Appellate Division, Court, Appellate Divisjon, First Depari mell Second Department. April 23, 1915.) Action April 1, 1915.) Action by the New York Ett by Edward M. Murtfeldt against Leander H. tric Lines Company against the Empire Citrated Thorn.

Subway Company. No opinion. Motion grantPER CURIAM. Motion for stay pending ap- led, 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 terin, and

NEW YORK REALTY OWNERS. Apre! be ready for argument when reached. The lant, v. ISAACS et al., Respondents. (Supreme court thinks that the issue should be tried at Court, Appellate Division, Second Departnet the Trial Term appointed for Orange county in April 16, 1915.) Action by the New York Read May, 1915, that stipulation to that efiect bety Owners against Bendet Isaacs and another

Ver i made between the parties, and that the order as executors, etc., of Myer Finn, deceased. Ne

tiplica should so provide. Settle order before Mr. opinion. Judgment aflirmed, with costs. Justice Stapleton.

NICHOLSON et al. v. SPRAGUE et al

ONI NALEWAJKO, Respondent, V. TENNES-I partnent. April 30, 1915.) Action bs Augs

(Supreme Court, Appellate Division, First De SEE COPPER CO., Appellant. (Supreme 11. Nicholson and others against Charles CourtAppellate Division, First Department. Spragne and others. No opinion. Applicatie March 12. 1915. Action by Nicholaus Nale- granted. Order signed. See, also, 132 V, 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. NOWAK, Respondent,

PER CIRIAM. Judgment and order re- FORGE & IRON CO., 'Appellant. (Supreme versed, and new trial ordered, with costs to Court, Appellate Division, Fourth Department abide 'event, on the ground that the finding of March 26, 1915.) Action by Paul Now the jury that the plaintiff was free from con- against the De Laney Forge & Iron compare tributory negligence was against the weight of No opinion. Motion for leave to appeal (in 15 evidence, Order filed.

N. Y. Supp. 1133) to Court of Appeals decir. SCOTT and HOTCHKISS, JJ., dissent.

with $10 costs. NELSON, Respondent, v. EDWARD DE V. NUSBAUM,

Appellant, V. TERRY TOMPKINS, Inc., Appellant. (Supreme Court, TENCH CO. et al., Respondents. (Supreme Appellate Division, First Department. April Court, Appellate Division, First Departzen Edward De V. Tompkins, Incorporated." J. B. as administratrix, against the Terry & Tape Evans, of New York City, for respondent. No York City, for appellant. J. J. Mahoney. opinion. Judgment and order atfirmed, with New York City, for respondents. No opinia costs. Order filed.

Judgment affirmed, with costs. Order filed.

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O'BRIEN v. COOGAN. (Supreme Court, New York City, for appellant. Chas. J. NehrAppellate Division, Second Department. March bas, of New Ycrk City, for respondent. 5, 1915.) Action by Herbert A. O'Brien PER CURIAM. The order appealed from against Charles E. Coogan, wherein John Hen- must be modified, by requiring the defendant ry Templeman and another appeal. No opin- to pay all the costs of the action to date as a ion. Judgment of the County Court of Queens condition of permitting him to serve an amendcounty affirmed, with costs.

ed answer. As so modified, the order is attirm

ed, without costs. O'CONNOR v. LEVINE. (Supreme Court, Appellate Division, First Department.. March

In re OSHLAG. (Supreme Court, Appellate 19, 1915.) Action by Daniel P. O'Connor against Arthur J. Levine. No opinion. Appeal Division, Second Department. April 16, 1915.) dismissed, with $10 costs and disbursements. In the matter of Isidore Oshlag, an attorney.

No opinion. Order filed. See, also, 152 N. Y. Supp. 1131.

Matter referred to lion. Josiah T. Marean, official referee. Sec, also, 162 App.

Div. 909, 146 N. Y. Supp. 1103. O'CONNOR v. LEVINE. (No. 7026.) (Supreme Court, Appellate Division, First Depart- OTT, Respondent, v. WESEL, Appellant. ment. March 19, 1915.) Appeal from Special (Supreme Court, Appellate Division, First DeTerm, New York County. Action by Daniel partment. April 23, 1915.) Action by Louis P. O'Connor against Arthur J. Levine. From Ott, Jr., against Ferdinand Wesel, as execuan order denying motion to vacate order for tor, etc. G. Lange, Jr., of New York City, for examination of defeudant before trial, defend- appellant. L. H. Hall, of New York City, for ant appeals. Reversed. See, also, 151 X. Y. respondent. No opinion. Judgment affirmed, Supp. 1134. Herbert C. Smyth, of New York with costs. Order filed. City, for appellant. Wm. L. Tierney, of New York City, for respondent.

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 fi amine the defendant before trial for the pur- opinion, 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 In re PACE et al. (Supreme Court, Appelgranted, with $10 costs.

late Division, First Department. April 16,

1915.) In the matter of Francis P. Pace and OLSON, Appellant, v. NEW YORK TELE- another. No opinion. Referred to Hon. John PHONE CO., Respondent. (Supreme Court, J. Freedman, Oiticial referee.

Settle order on Appellate Division, Second Department. Marci notice. 5, 1915.) Action by Herbert Olson, by Simon P. Olson, his guardian ad litem, against the New York Telephone Company. No opinion.

PALMA v. TOWN OF NORTH HEMPApplication denied, with $10 costs.

STEAD. HOFFMAN v. SAME. (Nos. 7253, 7254.) (Supreme Court, Appellate Division,

First Departinent. April 30, 1915.) Appeal ONEIDA SAVINGS BANK v. DAVIS et al. from Special Term, New York County. Sep(Supreme Court, Appellate Division, Fourth De- arate actions by Mary T. Palma and by Walpartment. March 17, 1915.) Action by the ter W. Hoffman against the Town of North Oneida Savings Bank against William H. Davis Hempstead. From orders denying motion for and others. No opinion. Order aflirmed, with

a change of the place of trial, the defendant $10 costs and disbursements.

appeals in each case. Orders affirmed, without
prejudice to a renewal. Erastus J. Parsons, of

New York City, for appellant. Thomas J.
O'NEILL, Respondent, v. PERKINS et al., O'Neill, of Yonkers, for respondents.
Appellants.
(Supreme Court. Appellate Divi-

PER CURIAM. The orders appealed from Agension, Second Department. March 19, 1915.)

are atlirmed, with $10 costs and disbursements, CP Action by James L. O'Neill, as assignor, etc., against Edward M. Perkins and another. No turely made, without prejudice to a renewal of

upon the ground that the motions were premaopinion. Order affirmed, with $10 costs and the motions upon the ground of the convenidisbursements. See Jills v. Sparrow, 131 App.ence of witnesses, after issue joined. Div. 241, 115 N, Y. Supp. 629.

PANGBURN, Respondent, v. BUICK MO. ORTELERO v. DOUGHERTY. (No. 7008.) TOR CO., Appellant, et al. (Supreme Court, (Supreme Court, Appellate Division, First De Appellate Division, Third Department. May partment. March 19, 1915.) Appeal from 5, 1915.). Action by Alfred Pangburn against Special Term. New York County. Action by the Buick Motor Company, impleaded with James V. Ortelero against George S. Dough. Walter M. Grounsell. No opinion. Judgment erty. From an order granting defendant's mo- and order unanimously afhrmed, with costs. tion for leave to serve an amended answer, See, also, 164 App. Div. 920, 149 N. Y. Supp. plaintiff appeals. Affirmed. Isidor Unger, of 1101.

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