RICH et al., Respondents, v. HOWARD, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by Solomon Rich and another, copartners, etc., against Thomas Howard. No opinion. Order of the County Court of Kings County affirmed, with $10 costs and disbursements. RICHARDS, Appellant, v. RICHARDS, Respondent. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Florence Richards against George Richards. A. F. Driscoll, of New York City, for appellant. A. B. Smith, of New York City, for respondent. No opinion. Order affirmed. Order filed. See, also, 87 Misc. Rep. 134, 149 N. Y. Supp. 1028. RICHMOND ASSETS COLLECTING CO., Respondent, v. GATES, Appellant, et al. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded with oth ers. PER CURIAM. We think that the appellant, defending as the sole executrix of the will of her deceased husband, and who is without knowledge or information as to the allegations of the complaint, is entitled to the bill of particulars which she demanded. The order is reversed, with $10 costs and disbursements, and the motion is granted; plaintiff to have 30 days from the entry of the order on this appeal in which to serve a bill of particulars. See, also, 152 N. Y. Supp. 1140. RICHMOND ASSETS COLLECTING CO., Appellant, v. GATES, Respondent, et al. (Su preme Court, Appellate Division, Second Department. March 26, 1915.) Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded with others. No opinion. Motion for stay granted, without costs. See, also, 152 N. Y. Supp. 1140. RICHMOND ASSETS COLLECTING CO., Appellant, v. GATES, Respondent, et al. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded with Charles W. Morse and others. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 152 N. Y. Supp. 1140. RICHMOND, W. & C. RY. CO., Respondent, v. NORTHERN NECK CONST. CO., Appel lant. (Supreme Court, Appellate Division, First Department. March 12, 1915.) Action by the Richmond, Washington & Chesapeake Railway Company against the Northern Neck Construc tion Company. H. S. Hooker, of New York City, for appellant. J. B. Doyle, of New York City, for respondent. No opinion. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on pay ment of costs. Order filed. (Su RIVIERA REALTY CO., Appellant, v. IL LINOIS SURETY CO., Respondent. preme Court, Appellate Division, First Depart ment. April 16, 1915.) Action by the Riviera Realty Company against the Illinois Surety Company. S. Kohn, of New York City, for appellant. L. L. Kellogg, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. Se also, 165 App. Div. 114, 150 N. Y. Supp. 616. RJ HORNER & CO., Respondents, 1. LAWRENCE et al., Appellants. (Supreme Court, Appellate Division, First Department January 22, 1915.) Action by R. J. Horner & Co. against William B. Lawrence and others. J. J. Curtin, of New York City, for appellants R. L. Redfield, of New York City, for respont ents. No opinion. Judgment (86 Misc. Rep. 95, 149 N. Y. Supp. 82) affirmed, with costs with leave to defendants to amend answer of payment of costs. Order filed. In re ROBITSCHER. (Supreme Court, Appellate Division, First Department. April 30, 1915.) In the matter of Frederick Robitscher, deceased. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. ROCK ISLAND BUTTER CO., Respondent, v. ROWLAND, Appellant. (Supreme Court. Appellate Division, First Department April 23, 1915.) Action by the Rock Island Butter Company against James Rowland. D. Me Curdy, of New York City, for appellant. F. C. Pitcher, of New York City, for respondent. No opinion. Judgment affirmed, with costs. Orde filed. See, also, 153 App. Div. 898, 138 N. I Supp. 1139; 157 App. Div. 919, 142 N. I. Supp. 1142. Court, Appellate Division, First Department. ROESSLE et al. v. HALSEY. (Supreme April 16, 1915.) Action by Nelly T. Roessle and others against Edwin B. Halsey. N opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. ROOT v. PULITZER et al. (two cases). (St preme Court, Appellate Division, First Depart ment. April 16, 1915.) Action by W. Russel Root against Walter Pulitzer and others. Ne opinion. Motions to dismiss appeal granted with $10 costs, unless appellant complies with terms stated in order. Order filed. See, alxa 151 N. Y. Supp. 1142. ROVERE, Respondent, v. HIMMEL et al., | No opinion. Order affirmed, by default, with Appellants. (Supreme Court, Appellate Divi- $10 costs and disbursements. See, also. 152 sion, Second Department. March 5, 1915.) N. Y. Supp. 1141. Action by Lee Rovere against Max Himmel and another. No opinion. Application denied, with $10 costs. RUTLAND LEASING CO. v. BROWN. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by the Rutland Leasing Company against William W. Brown. No opinion. Application denied, with $10 costs. Order signed. R. & L. CO., Appellant, v. FRAZER, Respondent. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the R. & L. Company against James S. Frazer. H. A. Rubino, of New York City, for appellant. S. II. Evins, of New York City, for respondent. PER CURIAM. Order modified, by striking out the word "thereto" after the words "sup plemental answer," and, as so modified, affirmed, with $10 costs and disbursements to the respondent. Settle order on notice. SACKIN, Respondent, v. GROSSMAN, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Proceedings supplementary to execution by Bonet Sackin against Philip Grossman. No opinion. Order of the County Court of Kings County reversed, with $10 costs and disbursements, on the ground that the order should have been made by the County Judge, and not by the County Court. Code Civ. Proc. § 2457. In re ST. PAUL'S PLACE AND WASHINGTON AVE. (Supreme Court, Appellate Division, First Department. April 1, 1915.) In the matter of St. Paul's Place and Washington Avenue. No opinion. Referee's report confirmed; balance due to infants to be paid to their general guardian, when such guardian is duly appointed and has given the security required by law. Settle order on notice. SALOMON v. COHEN. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Walter J. Salomon against Frances A. H. Cohen. No opinion. Application denied, with $10 costs. Order signed. SAMUELS, Respondent, v. SAMUELS, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by George Samuels against Mae F. Samuels. No opinion. Motion for stay granted, on condition that defendant perfect her appeal, place the case on the April calendar, and be read for argument when reached; otherwise, mot denied. See, also, 152 N. Y. Supp. 1141. SAMUELS, Responde pellant. (Supreme Co Second Department. by George Samuels SAMUELS, Respondent, v. SOUTHERN PAC. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Action by Henry Samuels against the Southern Pacific Company. No opinion. Order reversed on argument, with $10 costs and disbursements, and motion denied, with $10 costs. SMITH v. BERRY. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by John T. Smith against Harold R. Berry. No opinion. Application denied, with $10 costs. Order signed. SMITH, Respondent, v. BURGER, Appellant. (Supreme Court, Appellate Division, Third Department. March 18, 1915.) Action by Mary Smith against Richard E. Burger. No opinion. Motion denied. See, also, 151 N. Y. Supp. 1145. (Su STANDARD MAIL ORDER CO., Respondent, v. KAUFMAN et al., Appellants. preme Court, Appellate Division, First Department. March 19, 1915.) Action by the Stardard Mail Order Company against Harry KaufSMITH, Respondent, v. HAM, Appellant. man and others. E. J. Myers, of New York C. B. Brophy, of New (Supreme Court, Appellate Division, Third De-City, for appellants. York City, for respondent. No opinion. partment. May 7, 1915.) Action by George der affirmed, with $10 costs and disbursements, D. Smith against Albert W. Ham. Order filed. See, also, 164 App. Div. 936, 149 PER CURIAM. Motion denied. See, also, N. Y. Supp. 1113. 151 N. Y. Supp. 998. HOWARD, J., dissents. Or Ac etc.. STEM, Respondent, v. WETMORE, Appellant, et al. (Supreme Court, Appellate DiviSOTHMAN et al. STANDARD GAS sion, First Department. April 16, 1915.) v. POWER CORP. et al. (Supreme Court, Appel- tion by Allen H. Stem, individually, late Division, First Department. April 16, against Charles D. Wetmore, impleaded wit 1915.) Action by Peter W. Sothman and others others. G. H. Gray, of New York City, for apagainst the Standard Gas Power Corporation pellant. H. Swain, of New York City, for reNo opinion. Order affirmed, with and others. M. L. Heidenheimer, of New York spondent. City, for appellants. J. W. Welsh, of New $10 costs and disbursements. Order filed. York City, for respondents. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Order filed. SOTHMAN et al., Appellants, v. WARD, Respondent. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Peter W. Sothman and others against Henry M. Ward. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Order filed. In re STEVENS. (Supreme Court, Appellate Division, Second Department. April 16. 1915.) In the matter of the application of Robert Henry Stevens for a peremptory writ of mandamus against Charles J. McCormack, as President of the Borough of Richmond, PER CURIAM. Order affirmed, with $10 costs and disbursements. BURR, J., not voting. STEWART, Respondent, v. ECLIPSE BISOUND TRANSP. CO., Respondent, v. DEL CYCLE CO. et al., Appellants. (Supreme AWARE, L. & W. R. CO., Appellant, et al. Court, Appellate Division, Third Department. (Supreme Court, Appellate Division, First De- March 18, 1915.) Action by Gardiner Stewart partment. April 30, 1915.) Action by the against the Eclipse Bicycle Company and oth Sound Transportation Company against the ers. No opinion. Motion for leave to appeal Delaware, Lackawanna & Western Railroad (in 151 N. Y. Supp. 1146) to the Court of Ap Company, impleaded with others. A. J. Mc-peals denied, on the ground that it is urged Mahon, of New York City, for appellant. B. that by the judgment the receiver takes title to G. Paskus, of New York City, for respondent. some assets that were not transferred from the No opinion. Order reversed, with $10 costs Eclipse Bicycle Company to the Eclipse Manand disbursements, and motion granted, with ufacturing Company. It does not appear what $10 costs. Order filed. those assets were, or that they had any value over the incumbrances then upon them. 'I Le to be imquestion, therefore, does not seem portant. In re SPELLMAN. (Supreme Court, Appellate Division, Second Department. March 19. 1915.) In the matter of the application of John D. Spellinan for admission to the bar. No opinion. Application granted. SPERO, Respondent, v. GRACE, Appellant. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Philip STILES, Respondent, v. O'SHEA, Appellant. (Supreme Court, Apellate Division, Second Department. April 9, 1915.) Action by James E. Stiles against George H. O'Shea. No opinion. Judgment and order unanimously affirmed, with costs. STRAND HOTEL CO. v. MARKEL et al. (No. 7002.) (Supreme Court, Appellate Division, First Department. March 19, 1915.) Appeal from Special Term, New York County. Action by the Strand Hotel Company against Louis Markel and another. From an order granting temporary injunction, defendants appeal. Modified and affirmed. A. S. Weltfisch, of New York City, for appellants. H. A. Rosenberg, of New York City, for respondent. PER CURIAM. The order appealed from should be modified, so as to restrain the defendants from the use of the words "Strand Hotel" or "Hotel Strand," without the use of other qualifying words which would clearly distinguish between the two hotels. As so mod ified, the order is affirmed, without costs. April 30, 1915.) Action by Morris Tableporter against the Schenectady Railway Company. D. J. Wagner, of New York City, for appellant. I. M. Wormser, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. TEDESCO, Respondent, v. CARISELLO_ et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Michael Tedesco against Maria Carisello and another. No opinion. Motion to dismiss appeal denied, on condition that appellants perfect the appeal, place the case on the April calendar, and be ready for argument when reached; otherwise, motion granted, with $10 costs. See, also, 152 N. Y. Supp. 1145. TEDESCO, Respondent, v. CARUSELLE et selle and another. SULLIVAN, Respondent, v. ALVINO et al., al., Appellants. (Supreme Court, Appellate Di- vino and another. SULLIVAN v. ROSSON et al. (Supreme Court, Appellate Division, First Department. Action by Hannah Sullivan April 1, 1915.) against Thomas Rosson and others. No opinion. Motion granted. Question certified. Order filed. See, also, 151 N. Y. Supp. 1146. SUMMO, Respondent, v. SNARE & TRIEST CO. et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Action by Vitacroscenza Summo, as administratrix, etc., against the Snare & Triest Company and another. No opinion. Motion denied. See, also, 152 N. Y. Supp. 29. TEETER v. DANIEL. (Supreme Court, Appellate Division, First Department. April 9, 1915.) Anna K. Daniel. No opinion. Motion granted, Action by Sidney M. Teeter against so far as to allow the pending appeal in this case to be argued on the original papers, without printing. Order filed. See, also, 164 App. Div. 947, 149 N. Y. Supp. 1114. In re TERMINAL STATION COMMISSION OF CITY OF BUFFALO. (Supreme Court, Appellate Division, Fourth Department. March 10, 1915.) In the matter of the application of the Terminal Station Commission of the City of Buffalo for the appointment of appraisers to ascertain the compensation to be Ohio street and owned by Isaac A, Aldrich, Charles H. McCutcheon, and others. SUSS, Respondent, v. FARLEY, State Ex-paid to owners of lands taken for relocation of cise Com'r, Appellant. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Action by Hyman Suss against William W. Farley, as State Commissioner of Excise. No opinion. Motion granted, without costs. See, also, 151 N. Y. Supp. 1146. SUSSMAN v. HERSHFIELD, (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by Matilda Sussman against Aaron Hershfield. No opinion. Motion for stay granted. Settle order on notice. See, also, 152 N. Y. Supp. 1145. SUSSMAN, Appellant, v. HERSHFIELD, Respondent. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Matilda Sussman against Aaron Hershfield. C. S. Bostwick, of New York City, for appellant. H. Silverman, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1145. PER CURIAM. Order modified, so as to direct a stay of proceedings in the severed proceeding against the appellant, Charles H. McCutcheon, only until the close of the present term of this court, and if the appeal of said McCutcheon in the said action, in which he is plaintiff and the Terminal Station Commission of the City of Buffalo and others are defendants, is argued or submitted at the present term of this court, then such stay to continue until the decision of such appeal, and, as so modified, the order is affirmed, without costs of this appeal to either party. H. TERPEZONE CO. OF AMERICA et al., ApTERPEZONE CO., Respondent, v. KNOX pellants. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Action by the Terpezone Company against the Knox Terpezone Company of America and others. M. V. Connelly, of New York City, for appellants. R. S. Fletcher, of New York City, for respondent. No opinion. Judgment and order (Supreme affirmed, with costs. Order filed. See, also, Court, Appellate Division, First Department. 162 App. Div. 901, 146 N. Y. Supp. 1114. TABLEPORTER, Respondent, V. SCHENECTADY RY. CO., Appellant. THOMPSON, Respondent, V. BELLAS HESS & CO., Appellants. (Supreme Court, Appellate Division, Second Department. March 12, 1915.) Action by Hans Thompson, as ad ministrator, etc., of Gertrude Thompson, deceased, against Bellas Hess & Co. No opinion. Judgment and order unanimously affirmed, with costs. TIELENIUS, Respondent, v. HOLLENDER, Appellant. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) Action by Carl Tielenius against Frederick. Hollender. No opinion. Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the recovery of damages to the sum of $7,500, in which event the judgment, as modified, and the order, are unanimously affirmed, without costs. TIGHE v. WALTERS. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by James P. Tighe against Catherine M. Walters. No opinion. Motion granted, with $10 costs. Order filed. TILTON v. GANS et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Samuel U. Tilton against Levi L. Gans and others. No opinion. Motion denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1146. TILTON, Appellant, v. GANS et al., Respondents. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Samuel U. Tilton, suing, etc., against Levi L. Gans and others. C. Strauss, of New York City, for appellant. A. I. Elkus, of New York City, for respondents. No opinion. der affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 981, 1146. Or TIMEN, Respondent, v. JAMES A. McCREERY & CO., Appellants. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Action by Paul Timen against James A. McCreery & Co. W. L. Glenney, of New York City, for appellants. N. Friedman, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. TOMS, Respondent. v. POST & McCORD, Appellant, et al. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Action by Catherine Toms, as administratrix, etc.. against Post & McCord, impleaded with others. E. C. Sherwood, of New York City, for appellants. R. Gillette, of New York City, for respondent. partment. May 7, 1915.) Action by Charles It D. Townsend, as receiver of the Oneonta, Coop E erstown & Richfield Springs Railway Company, against the First National Bank of the City of e New York. No opinion. Orders affirmed, with costs of one motion to abide the event. TRESHAM et al., Respondents, v. MILL ER, Appellant. (Supreme Court, Appellate Di-! vision, Second Department. March 19, 1915) U Action by George J. Tresham and another TO against Albert A. Miller. PER CURIAM. ES Motion to dismiss appeal A denied, on condition that within five days appellant pay to respondents $10 costs of motion, perfect his appeal from the order as finally resettled, print, serve, and file papers on such ap peal, containing all of the allidavits recited as read on the motion resulting in such order, place the case on the calendar for April 5, 1915, and be ready for argument when reached; otherwise, motion granted, with costs. See, also, 152 N. Y. Supp. 1146. TRESHAM et al., Respondents, v. MILLER, Appellant. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Ac tion by George J. Tresham and another against Albert A. Miller. No opinion. Appeal dismissed, with $10 costs and disbursements. See, also, 152 N. Y. Supp. 1146. In re TRUSTEE OF SUPREME COURT LIBRARY AT BUFFALO. (Supreme Court, March Appellate Division, Fourth Department. 17, 1915.) In the matter of the appointment Buffalo. of a trustee of the Supreme Court Library at No opinion. Justice Cuthbert W. Pound appointed trustee to fill the vacancy caused by the death of Charles F. Tabor. TUOHEY, Respondent, v. MCGRATTY et al., Appellants. (Supreme Court, Appellate Di vision, Second Department. April 1, 1915) Action by Michael Tuohey against Edward J. McGratty and another. No opinion. Judgmen: and order unanimously affirmed, with costs. TWOMBLY, Appellant, v. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. March 1 1915.) Action by Daniel W. Twombly against the City of New York. S. O'Brien, of New York City, for appellant. T. Farley, of New York City, for respondent. No opinion. De termination affirmed, with costs, and judgment absolute ordered against plaintiff on stipula tion. Order filed. See, also, 70 Misc. Rep. 515, 127 N. Y. Supp. 388. UNITED STATES TITLE GUARANTY PER CURIAM. Judgment and order affirm-CO., Respondent, v. BROWN, Appellant. (Sued, with costs. Order filed. INGRAHAM, P. J., and SCOTT, J., dissent. TOWNSEND, Respondent, v. FIRST NAT. BANK OF CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Third De preme Court, Appellate Division, Second DeUnited States Title Guaranty Company against partment. April 23, 1915.) Action by the Arthur A. Brown. No opinion. Motion for leave to appeal (in 152 N. Y. Supp. 470) to the Court of Appeals granted. Settle order before the Presiding Justice. Τ ། ་ |