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PEOPLE ex rel. MAYER v. MCKAY, Re. Second Department. April 16, 1915.) Action ondent. (Supreme Court, Appellate Division, by Bonaventure Pierce, an infant, etc., by Nelrst Department. March 26, 1915.) Pro- lie Pierce, his guardian ad litem, against Wilding by the People of the State of New liam C. Willets. No opinion. Judgment and ork,

the relation of Herman Mayer, order unanimously attirined, with costs. ainst Douglas I. McKay, as Commissioner. J. Sullivan, of New York City, for relator. PERCIPPD, Respondent, v. MANEE et al., Farley, of New York City, for respondent. Appellants. ) opinion.

(Supreme Court, Appellate DiviWrit dismissed, and proceeding sion, First Department. April 23, 1915.), Acirwed, with $50 costs and disbursements. tion' by Irene Percippe against Elías S. Manee der filed.

and others. E. P. Mowton, of New York City,

for appellants. L. Lowenstein, of New York PEOPLE ex rel. MAYHAM v. BOARD OF City, for respondent. (PRS OF SCHOHARIE COUNTY (two PER CURIAM. Judgment and order affirmses). (Supreme Court, Appellate Division, ed, with costs. Order filed. bird Department. March 18, 1915.) Proceed SCOTT, J., dissents. s by the People of the State of New York, on le relation of Claude B. Mayham against the oard of Supervisors of the County of Scho

PRESCHMANN, Appellant, v. HAYES, Rearie, with Clyde H. Proper, appearing spe- sion, First Department. April 16, 1915.) .se

spondent. (Supreme Court, Appellate Divi. ally as intervener.

tion by August Preschmann against George B. PER CURIAM. Order afiirmed, without Hayes. R. L. Turk, of New York City, for ap

pellant. G. B. Hayes, of New York City, for HOWARD, J., dissents.

respondent. No opinion. Order atlirmed, witb

$10 costs and disbursements. Order tiled. PEOPLE ex rel. RODGERS V. TOMKINS. Supreme Court, Appellate Division, First Deartment. April 30, 1915.) Proceeding by the PIERCE MacFARLAND. (Supreme 'eople of the State of New York, on the rela- Court, Appellate Term, First Department. on of John J. Rodgers, against Calvin Tom- March 18, 1915.) Appeal from Junicipal ins, as Commissioner. No opinion. Motion Court, Borough of Manliattan, Ninth District. y dismiss writ granted, without costs. Order Action by Henry Havelock Pierce against Robled.

ert J. MacFarland. Judgment for defendant, and plaintiff appeals. Reversed. Russell

Lord Tarbox, of New York City, for appellant. PEOPLE ex rel. BUDDEMEYER v. Mc- Hierbert McKennis, of New York City, for re(AY, Respondent. (Supreme Court, Appellate

spondent. Division, First Department. March 26, 1915.) roceeding by the People of the State of New

PENDLETON, J. The action is for work, Cork, on the relation of Frederick A. Budde- labor, and services and an account stated. The neyer, against Douglas I. McKay, as Commis- answer was a general denial, an offer to pay ioner, etc. F. J. Sullivan, of New York City, $100, and a payment of $100 atter action or relator. T. Farley, of New York City, for brought. Defendaut was called as a witness, espondent. No opinion. Writ dismissed, and and admitted an agreement to pay $100. This proceedings affirmed, with $50 costs and dis not only evidence entitling plaintiff to bursements. Order filed.

judgment for that amount, at least, but also,

perhaps, some evidence of authority conferred PEOPLE ex rel. TOWN OF PELHAM et al. by him to give the original order.

The judgV. VILLAGE OF PELHAM et al. (Supreme

ment for defendant should be reversed, and a Court, Appellate Division, Second Department. new trial ordered; costs to appellant to abide March 19, 1915.) Proceeding by the People of the event. the State of New York, on the relation of the GUY, J., concurs. SHEARN, J., dissents. Town of Pelham and another, against the Village of Pelham and another. No opinion. Submission dismissed, without costs. See, also, 152

PINAFEATHER, Respondent, V. MASSAN. Y. Supp. 428.

CHUSETTS ACCIDENT CO., Appellant. (Supreme Court, Appellate Division, Fourth

Department. March 17, 1915.) Action by PHALEN V. RAE. (Supreme Court, Appel- Mary Pinafeather against the Massachusetts late Division, Third Department. May 5, Accident Company. No opinion. Judgment 1915.) Action by Victoria Phalen, as adminis- atfirmed, with costs. tratrix, etc., of John Phalen, deceased, against Walter S. Rae and the New York Central & Hudson River Railroad Company.

PLATT, Respondent, v. J. M. GREIG CO.,

Appellant. (Supreme Court, Appellate DiviPER CURIAM. Judgment and order affirm- sion, Fourth Department. March 17, 1915.) ed, with costs.

Action by J. Mills Platt against the J. M. SMITH, P. J., and KELLOGG, J., dissent. Greig Company. No opinion. Motion to dis

miss appeal granted, unless appellant serve briefs PIERCE, Respondent, V. WILLETS, Ap- and stipulate to argue the appeal on March pellant. (Supreme Court, Appellate Division, '25th.

152 N.Y.S.-72

was

PORTER, Respondent, v. PORTER, Appel-, Action by George Prowski, as administrater, lant. (Supreme Court Appellate Division, etc., against the Erie Railroad Company. No First Department. April 1, 1915.) Action by opinion. Judgment and order afirmed, rith Josephine F. B. Porter against David B. Porter. costs. M. B. Clarke, of New York City, for appellant. E. J. Welch, of New York City, for respondent. No opinion. Order allirmed, with $10 costs In re PUBLIC SERVICE COMMISSION and disbursements. Order filed.

(LEXINGTON AVE. ROLTE).

Court, Appellate Division, First Deparı:SL POST & McCORD v. CITY OF NEW YORK Noveinber 13, 1914.) In the matter of the et al. (Supreme Court, Appellate Division, Public Service Commission. No opinion. AppliFirst Department. January 22, 1915.) Ac- cation granted. Settle order on notice. distion by Post & McCord against the City of New orandum per curiam. York and others. D. Cady Herrick, of Albany, and M. W. Norman, of New York City, for appellants. M. L. Schallek, of New York City, (Supreme Court, Appellate Division, Second Live,

In re PUBLIC SERVICE COMMISSIOX for respondents.

partment. April 23, 1915.) In the matter PER CURIAM. Judgment (in 86 Misc. Rep. the application of the Public Service Curz's 300, 148 N. Y. Supp. 568) affirmed, with costs. sion, etc., relative to acquiring certain lots, ti: Order filed,

at the foot of Montague street, in the borde INGRAHAM, P: J., and HOTCHKISS, J., of Brooklyn, etc., wherein the New York Da dissent, so far as the decision sustains the as- Company appeals. Vo opinion. Order in signment made to the Coal & Iron National Misc. Rep. 043, 152 N. Y. Supp. 365) afirze Bank, upon the ground that that assignment with $10 costs and disbursements. was made by the New York State Construction Company with intent to create a preference.

PUMA, Appellant, V. SOUTHERN PAC POWERS, Appellant, v. LAWYERS' TITLE

CO., Respondent. (Supreme Court, apres

Division, First Department. (Supreme

April 30, 193 INS. & TRUST CO., Respondent. Court, Appellate Division, Second Department.

Action by Salvatore Puma against the South -13

Pacific Company. R. Maggio, of New Yo March 5, 1915.) Action by Addie J. Powers, ceased, against the Lawyers' Title Insurance ment affirmed, with costs. as executrix, etc., of Thomas H. Mallon, de City, for appellant. J. A. Haighwout, of les

York City, for respondent. No opinion. Jude

Order filed & Trust Company. No opinion. Order aflirmed, with $10 costs and disbursements.

PURCELL V. HICKEY (three cases). (St. PRESBERGER, Appellant, v. MECHANICS' preme Court, Appellate Division, First Derar BANK, BROOKLYN, Respondent. (Supreme ment. March 19, 1915.) Action by John F. Court, Appellate Division, First Department. Purcell, as administrator against Barbara E. March 26, 1915.) Action by Mendel Presberger | Hickey, as administratrix. No opinion. Vo against the Mechanics' Bank, Brooklyn. C. I. tions granted, unless appellant complies wit Heermance, of New York City, for appellant. terms stated in order. Orders filed. H. L. Moses, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

PYE, Appellant, v. PYE. Respondent. (83

preme Court, Appellate Division, Fourth Ile PRESIMONE, Respondent, v. SCOCCO, Ap-partment. March 26, 1915.) Action by Mar pellant, et al. (Supreme Court, Appellate Di-garet A. Pye against Frank Pye. No opinio vision, First Department. April 16, 1915.) | Order affirmed, without costs. See, also, 12 Action by Rosario Presimone against Rocco N. Y. Supp. 564. Scocco, impleaded with others. B. Patterson, of New York City, for appellant. J. R. Dam PYNCHON V. MENDHAM, E. A. POLAK ico, of New York City, for respondent. No REALTY CO. V. BLUM. INDIA WHARF opinion. Order affirmed, with $10 costs and BREWING CO. WASSER. (Supreme disbursements. Order filed.

Court, Appellate Division, First Departmen:

April 1, 1915.) Actions' by Mary 'Pynchos PRING, Respondent, v. THORP, Appellant. against Louis P. Mendham, by the Ė, A. Polak (Supreme Court, Appellate Division, First De- Realty Company against Susan E. Blum, ad partment. April 1, 1915.) Action by Freder- by the India Wharf Brewing Company against ick Pring against Richard C. Thorp. R. W. David Wasser. No opinion. Applications de Candler, of New York City, for appellant. M. nied, with $10 costs. Orders signed. Kellogg, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with QUINBY, Respondent, V. STALLO, Appel $10 costs. Order filed. See, also, 152 N. Y. lant. (Supreme Court, Appellate Division, Fint Supp. 469.

Department. May 7, 1915.) Action by Hear
C. Quinby against Edmund K. Stallo. N. Rock

wood, of New York City, for appellant. G. E. PROWSKI, Respondent, v. ERIE R. CO., Joseph, of New York City, for respondent. Na Appellant. (Supreme Court. Appellate Divi- opinion. Judgment and order affirmed, with sion, Fourth Department. March 26, 1915.)'costs. Order filed.

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UINCEY v. BOYD. (Supreme Court, Ap-! law and ineffectual to sustain the judgment here ate Division, First Department. March 19, in review; (3) that the judgment is contrary to 5.) Action' by Charles E. Quincey, Jr., law. inst William B. Boyd. No opinion. Motion nted, unless appellant complies with terms ted in order.

READ V. NEW YORK CENT. & H. R. R. Order filed.

CO. (Supreme Court, Appellate Division, First

Department. March 19, 1915.) Action by Sar{AFTERY, Appellant, v. CARTER et al., ah C. L. Read against the New York Central & spondents. (Supreme Court, Appellate Divi- Hudson River Railroad Company. No opinion. n, First Department. March 12, 1915.) AC- Motion granted. Order filed. See, also, 165 n by George A. Raftery against John B. App. Div. 910, 150 N. Y. Supp. 1108. rter and others. H. M. Hitchings, of New rk City, for appellant. B. Tolles, of New REDDY, Respondent, v. SILVERMAN et al., rk City, for respondents. No opinion. Judg- Appellants. (Supreme Court, Appellate Diviint and orders affirmed, with costs. Order sion, First Department. January 22, 1915.) d. See, also, 162 App. Div. 17, 147 N. Y. | Action by Patrick Reddy against Milton M. Silpp. 271.

verman and others. E. Marshall, of New York City, for appellants. J. P. Donellan, of New

York City, for respondent. No opinion. JudgRAMBAUT v. TEVIS. (Supreme Court, Ap- ment and order atfirmed, with costs. Order llate Division, First Department,

April 16, filed. 15.) Action by Thomas D. Rambaut against illiam S. Tevis.

REID, Appellant, v. WUERFEL et al., RePER CURIAM. Motion granted, on plain-spondents. (Supreme Court, Appellate Division, ff's giving stipulation that if, on appeal to the First Department. March 12, 1915.) Action ourt of Appeals, the order appealed from is by James P. Reid, as administrator, against firmed, or the appeal dismissed or withdrawn, Gustave Wuerfel and another. W. E. Murphy, efendant shall have judgment absolute dismiss- of New York City, for appellant. J. W. Bry1g the complaint. See, also, 164 App. Div. 324, ant, of New York City, for respondents. No 19 N. Y. Supp. 993.

opinion. Appeal dismissed, with $10 costs and

disbursements, on the ground that the order is RAND, Respondent, v. PUBLIC BANK OF not appealable. Order filed. See, also, 151 N. EW YORK CITY, Appellant. (Supreme

Y. Supp. 1141. 'ourt, Appellate Division, First Department. Iarch 26, 1915.) Action by Jacob II. Rand REILLY, Respondent, v. BARRETT, Appelgainst the Public Bank of New York City. H. lant. (Supreme Court, Appellate Division, Sec

Moses, of New York City, for appellant. M. ond Department. April 1, 1915.) Action by Krieger, of New York City, for respondent. William F. Reilly against William M. Barrett,

PER CURIAM. Judgment affirmed, with as president of the Adams Express Company. 'osts, with leave to defendant to amend on pay- No opinion., Judgment and order unanimously nent of costs. Order filed.

atlirmed, with costs. See, also, 151 N. Y. Supp. MCLAUGHLIN and SCOTT, JJ., dissent,

1141; 152 N. Y. Supp. 1139. on the ground that the complaint states no cause REILLY, Respondent, v. BARRETT, Appelof action.

lant. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by

William F. Reilly against William M. Barrett, RANDOLPH V. FIELD. (Supreme Court, as president, etc. No opinion. Motion for leave Appellate Division, First Department. March to appeal to the Court of Appeals denied. See, 19, 1915.) Action by Mary Randolph against also, 152 N. Y. Supp. 1139. Armstead W. Field. No opinion. Motion granted; question certified; order filed. See, also, REISS, Appellant, v. DAY, Respondent. (Su151 N. Y. Supp. 1141.

preme Court, Appellate Division, Second Depart

March 19, 1915.) Action by Sigmund RAPELYE, Appellant, v. COUPE et al., Re- Reiss against Joseph P. Day. No opinion. Orspondents. (Supreme Court, Appellate Division, der aflirmed, with $10 costs and disbursements. Fourth Department. March 17, 1915.) Action by George C. Rapelye against Leo 0. Coupe and RENAUT v. CITY OF NEW YORK et al. another, as administrators, etc., and trustees of (Supreme Court, Appellate Division, First DeFirst Welsh Congregational Society of Deerfield. partment. April 30, 1915.) Action by Aman. PER CURIAM. Judgment affirmed, with

da Renaut against the City of New York, imcosts.

pleaded with others. T. Farley, of New York

City, for appellant. No opinion. Order affirmLAMBERT, J., dissents, upon the grounds: ed. Order filed. (1) That there is no proof in the case supporting or tending to support the sixth, seventh, and eighth findings of fact; (2) that the conclusions RICE et al. v. MINER. (Supreme Court, Apof law numbered consecutively and inclusive pellate Division, First Department. April 16, of findings first to eighth are without warrant of 1915.) Action by Sam Rice and others against

ment.

1

Edvin D. Miner. No opinion. Motion denied, RICHMOND, W. & C. RY. CO. Respondent, with $10 costs. Order filed See, also, 152 v. NORTHERN NECK CONST. CO. Appel N. Y. Supp. 1140.

lant. (Supreme Court, Appellate Division, First Department. March 12, 1915.) Action by the

Richmond, Washington & Chesapeake Ral 15 RICE et al. v. MINER. (Supreme Court Company against the Northern Veck Corse Appellate Division, First Departinent. April tion Company. H. S. Hooker, of New Y 16, 1915.) Action by Sam Rice and others City, for appellant. J. B. Doyle, of New Yic against Edwin D. Miner. No opinion. Appli- City, for respondent. No opinion. Judgmeet cation denied, with $10 costs. Order signed. affirmed, with costs, with leave to defendast See, also, 151 N. Y. Supp. 983; 152 N. Y. to withdraw demurrer and to answer on 215Supp. 1139.

ment of costs. Order filed. RICH et al., Respondents, v. HOWARD, Ap

RIVIERA REALTY CO., Appellant, *. ILpellant. (Supreme Court, 'Appellate Division, LINOIS SURETY CO., Respondeot. Second Department. March 19, 1915.)

Action preme Court, Appellate Division, First Depart by Solomon Rich and another, copartners, etc., ment. April 16, 1915.) Action by the Pine. against Thomas Howard. No opinion. Order of Realty Company against the Illinois Surg the County Court of Kings County aflirmed, Company. S. Kohn, of New York City, for a with $10 costs and disbursements.

pellant. L, L. Kellogg, of New York City, iu

respondent. No opinion. Order affirmed, with RICHARDS, Appellant, v. RICHARDS, Re- ' $10 costs and disbursements. Order âled. ! spondent. (Supreme Court, Appellate Division, also, 165 App. Div. 114, 150 N. Y. Supp. tlo First Department. March 19, 1915.) Action by Florence Richards against George Richards. A.

R. J. HORNER & CO., Respondents, T. F. Driscoll, of New York City, for appellant. A. LAWRENCE et al., Appellants. (Supreg B. Smith, of New York City, for respondent. Court, Appellate Division, First Department No opinion. Order aflirmed. Order filed. See, January 22, 1915.) Action by R. J. Horder & also, 87 Misc. Rep. 134, 149 N. Y. Supp. 1028.

Co. against William B. Lawrence and otbers

| J. J. Curtin, of New York City, for appellants RICHMOND ASSETS COLLECTING CO.,

R. L. Redfield, of New York City, for respond

ents, Respondent, v. GATES, Appellant, et al. (Su- 95, 149 N. Y. Supp. 82) affirmed, with easis

No opinion. Judgment (86 Misc. Per preme Court, Appellate Division, Second De- with leave to defendants to amend answer eo partment. March 19, 1915.) Action by the Richmond Assets Collecting Company against Dellora payment of costs. Order filed. R. Gates, as executrix, etc., impleaded with oth

In re ROBITSCHER. (Supreme Court, Ap ers.

pellate Division, First Department.

April PER CURIAM. We think that the appel. 1915.) In the matter of Frederick Robiccta, lant, defending as the sole executrix of the will

deceased. No opinion. Order affirmned. With of her deceased husband, and who is without $10 costs and disbursements. Order filed. knowledge or information as to the allegations of the complaint, is entitled to the bill of particulars which she demanded. The order is reversed, v. ROWLAND, Appellant.

ROCK ISLAND BUTTER CO., Respondeat. with $10 costs and disbursements, and the mo- ! Appellate Division, First Department. Apri

(Supreme Court tion is granted; plaintiff to have 30 days from 23, 1915.) Action' by the Rock Island Butter the entry of the order on this appeal in which to Company against James Rowland.

D. No serve a bill of particulars. See, also, 152 N. Y. Curdy, of New York City, for appellant. F.C. Supp. 1140.

Pitcher, of New York City, for respondent No

opinion. Judgment affirmed, with costs. Ona RICHMOND ASSETS COLLECTING CO. Supp. 1139; 157 App. Div. 919, 142 N. I.

filed.

See, also, 153 App. Div. 598, 138 N. I Appellant, v. GATES, Respondent, et al. (Su

Supp. 1142. preme Court, Appellate Division, Second Department. March 26, 1915.) Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded Court, Appellate Division, First Department.

ROESSLE et al. V. HALSEY. (Supreme with others. No opinion. Motion for stay grant. April 16, 1915.) Action by Neily T. Roessle ed, without

See, also, 152 N. Y. Supp. 1140.

and others against Edwin B. Halsey. Ne opinion. Motion to dismiss appeal granted,

with $10 costs. Order filed. RICHMOND ASSETS COLLECTING CO., Appellant, v. GATES, Respondent, et al. (Su ROOT y. PULITZER et al. (two cases). (St. preme Court, Appellate Division, Second De- preme Court, Appellate Division, First Depart: partment. April 23, 1915.) Action by the ment. April 16, 1915.) Action by W. Russell Richmond Assets Collecting Company against Root against Walter Pulitzer and others. Na Dellora R. Gates, as executrix, etc., impleaded opinion. Motions to dismiss appeal granted, with Charles W. Morse and others. No opinion. with $10 costs, unless appellant complies with Order aflirmed, with $10 costs and disburse- terms stated in order. Order filed. See, also ments. See, also, 152 N. Y. Supp. 1140. 151 N. Y. Supp. 1142.

costs.

Own.

ROVERE, Respondent, v. HIMMEL et al., | No opinion. Order affirmed, by default, with pellants. (Supreme Court, Appellate Divi- $10 costs and disbursements. See, also, 152 n, Second Department. March 5, 1915.) | N. Y. Supp. 1141. tion by Lee Rovere against Max Himmel d another. No opinion. Application denied,

SAMUELS, Respondent, v. SOUTHERN th $10 costs.

PAC. CO., Appellant. (Supreme Court, Appel

late Division, Second Department. April 9, RETLAND LEASING CO. v.

BROWN. 1915.)

Action by Henry Samuels against the upreme Court, Appellate Division, First De Southern Pacific Company. No opinion. Order rtment. March 19, 1915.) Action by the reversed on argument, with $10 costs and disitland Leasing Company against William W. bursements, and motion denied, with $10 costs.

No opinion, Application denied, with 0 costs. Order signed.

SANTI AMOROSO FRUIT CO., Respon

dent, v. CARNEGIE TRUST CO., Appellant. R. & L. CO., Appellant, v. FRAZER, Re- (Supreme Court, Appellate Division, First Deondent. (Supreme Court, Appellate Division, partment. April 16, 1915.) Action by the irst Department. April 30, 1915.) Action by Santi Amoroso Fruit Company against the Car. e R. & L. Company against James S. Frazer. negie Trust Company. W. Ward, of New York A. Rubino, of New York City, for appellant. City, for appellant. R. Malone, of New York II. Evins, of New York City, for respondent. City, for respondent. No opinion. Order rePER CURIAM. Order modified, by striking versed, with $10 costs and disbursements, and at the word “thereto” after the words “sup motion granted, with $10 costs. Order filed. emental answer,” and, as so modified, affirm1, with $10 costs and disbursements to the repondent Settle order on notice.

SCHAFER V. MAX HELD, Inc. (Supreme

Court, Appellate Division, First Department. SACKIN, Respondent, v. GROSSMAN, Ap- against Max Held, Incorporated. No opinion.

April 30, 1915.) Action by Celia Schafer ellant. (Supreme Court, Appellate Division, Motion denied, with $10 costs. Order filed. econd Department. · March 19, 1915.) Pro- See, also, 152 N. Y. Supp. 1141. 'edings supplementary to execution by Bonet ackin against Philip Grossman. No opinion. Irder of the County Court of Kings County SCHAFER, Respondent, V. MAX HELD, eversed, with $10 costs and disbursements, on Inc., Appellant (two cases). (Supreme Court, be ground that the order should have been Appellate Division, First Department. April 18de by the County Judge, and not by the 30, 1915.) Action by Celia Schafer against County Court. Code Civ. Proc. § 2457.

Max Held, Incorporated. W. S. Bennet, of

New York City, for appellant. A. A. SilberIn re ST. PAUL'S PLACE AND WASH-berg, of New York City, for respondent. No NGTON AVE. (Supreme Court, Appellate opinion. Orders affirmed, with $10 costs and Division, First Department. April 1, 1915.) disbursements. Orders filed. See, also, 152 in the matter of St. Paul's Place and Washing- N. Y. Supp. 1141. on Avenue. No opinion. Referee's report conirmed; balance due to infants to be paid to heir general guardian, when such guardian is

SCHLIEP, Respondent, v. PERKINS, ApJuly appointed and has given the security re- First Department.

pellant. (Supreme Court, Appellate Division, quired by law. Settle order on notice.

March 12, 1915.) Action by Louis C. Schliep against Randolph Perkins.

G. Roberts, of New York City, for appellant. SALOMON v. COHEN. (Supreme Court, W. C. Ridgway, of New York City, for respondAppellate Division, First Department. March ent. No opinion. Judgment and order aflirmed, 19, 1915.) Action by Walter J. Salomon with costs. Order filed. against Frances A. H. Cohen. No opinion. Application denied, with $10 costs. Order signed.

SCHMITZ, Appellant, V. WEITKUS, Re

spondent. (Supreme Court, Appellate Division, SAMUELS, Respondent, v. SAMUELS, Ap- Second Department. March 26, 1915.) Action pellant. (Supreme Court, Appellate Division, by Katharina Schmitz against George Weitkus. Second Department. March 19, 1915.) Action PER CURIAM. Order affirmed, with costs. by George Samuels against Mae F. Samuels.

JENKS, P. J., taking no part. No opinion. Motion for stay granted, on condition that defendant perfect her appeal, place the case on the April calendar, and be ready

SCHNEIDER, Respondent, V. FARLEY, for argument when reached; otherwise, motion

State denied. See, also, 152 N. Y. Supp. 1141.

Excise Com'r, Appellant. (Supreme Court, Appellate Division, Second Department.

April 9, 1915.) Action by Morris Schneider SAMUELS, Respondent, v. SAMUELS, Ap- against William W. Farley, as State Commispellant. (Supreme Court. Appellate Division, sioner of Excise, etc. No opinion. Motion Second Department. April 9, 1915.) Action granted, without costs. See, also, 151 N. Y. by George Samuels against May F. Samuels. Supp. 1143.

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