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In re GRADE CROSSING COM'RS OF CITY OF BUFFALO. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) In the matter of the application of the Grade Crossing Commissioners of the City of Buffalo for the appointment of commissioners of appraisal to ascertain the compensation to be paid to the owners of and parties interested in lands claimed to be injured by the change of grade of Ferry street, etc., and claimed to be owned by Peter Hof et al. Proceeding No. 98. PER CURIAM. Motion granted, allowing claimant United States Cast Iron Pipe & Foundry Company and claimants Reeb and Neubecker to add to the record on appeal certain resolutions of the common council of the city of Buffalo as to Ferry street, French street, and Box avenue, and certificates of recording of same by the city clerk of Buffalo. See, also, 151 N. Y. Supp. 1119.

In re GRADE CROSSING COM'RS OF CITY OF BUFFALO. (Supreme Court, Appellate Division, Fourth Department. January 27, 1915.) In the matter of the application of the Grade Crossing Commissioners of the City of Buffalo for the appointment of commissioners to ascertain the compensation to be paid to the owners of and parties interested in lands claimed to be injured by change of grade of Ferry street, etc., and claimed to be owned by Peter Hof et al. (Proceeding No. 98).

PER CURIAM. Motion granted, allowing claimant Otis Elevator Company to add to the record on appeal certain resolutions of the common council of the city of Buffalo as to Ferry street, French street, and Box avenue, and certificates of recording of same by the city clerk of Buffalo. See, also, 151 N. Y. Supp. 1119.

In re GRADE CROSSING COM'RS OF CITY OF BUFFALO (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) In the matter of the application of the Grade Crossing Commissioners of the City of Buffalo for the appointment of commissioners of appraisal, etc., in the matter of lands claimed to be owned by the Barber Asphalt Paving Company et al. (Proceeding No. 97). No opinion. Motion for leave to appeal (from 151 N. Y. Supp. 146) to Court of Appeals granted, and questions for review certified.

In re GRADE CROSSING COM'RS OF CITY OF BUFFALO. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) In the matter of the application of the Grade Crossing Commissioners of the City of Buffalo for the appointment of commissioners of appraisal to ascertain the compensation, etc., in the matter of lands claimed to be owned by the George Urban Milling Company et al. (Proceeding No. 101). No opinion. Motion for leave to appeal to Court of Appeals granted, and questions for review certified. See, also, 164 App. Div. 968, 149 N. Y. Supp. 1085.

In re GRADE CROSSING COM'RS OF CITY OF BUFFALO. (Supreme Court, Appellate Division, Fourth Department. January 29,

1915.) In the matter of the application of the Grade Crossing Commissioners of the City of Buffalo for the appointment of commissioners of appraisal to ascertain the compensation to be paid to the owners of lands claimed to be injured by the change of grade of East Delevan avenue, etc., and claimed to be owned by Frank V. E. Bardol et al. Proceeding No. 104. PER CURIAM. Motion granted, allowing claimant Barber Asphalt Company to add to the record on appeal certain resolutions of the common council of the city of Buffalo as to Delevan avenue, and certificate of recording of same by the city clerk of Buffalo.

GRANAT v. MENDETZ et al. (Supreme Court, Appellate Division, First_Department. January 29, 1915.) Action by Jacob Granat against Harry J. Mendetz and others. No opinion. Application denied, with $10 costs. Order signed. See, also, 150 N. Y. Supp. 438.

In re GRANEY. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) In the matter of the removal of Daniel Graney from the office of Justice of the Peace of the town of Brant, Erie county, N. Y. No opinion. Proceeding dismissed upon the filing of certificate of the town clerk, certifying that said Graney has filed his resignation as such justice of the peace.

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GRIFFIN, Appellant, v. ARMSTED, Respondent. (Supreme Court, Appellate Division, Fourth Department. January 13, 1915.) Action by John Griffin against Charles H. Armsted. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 162 App. Div. 936, 147 N. Y. Supp. 1114.

GRIFFIN v. WHEATON. (Supreme Court, Appellate Division, Third Department. January 15, 1915.) Action by George Griffin against Armond E. Wheaton. No opinion. Motion denied. See, also, 149 N. Y. Supp. 1118.

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GUIRIZINSKI, Appellant, v. AMERICAN | ministratrix, etc., against the Wickwire Steel RADIATOR CO., Respondent. (Supreme Court, Company. No opinion. Judgment and order Appellate Division, Fourth Department. March affirmed with costs.

3, 1915.) Action by Bernhardt Guirizinski against the American Radiator Company. No opinion. Respondent precluded from being heard upon the appeal, unless its brief be filed and served by March 8th.

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GUTZMER, Respondent, v. PENNSYLVANIA R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) Action by Louise Gutzmer, an infant, etc., against the Pennsylvania Railroad Company. No opinion. Judgment and order affirmed, with costs.

HAECKER v. WITTEMAN Co. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by Julius Haecker against the Witteman Company. No opinion. Appeal dismissed, without costs, upon stipulation filed.

HALGREN, Appellant, v. HALGREN, Respondent. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by Charles C. Halgren against Florence Rosa Halgren. No opinion. Order affirmed, with costs. See, also, 160 App. Div. 577, 145 N. Y. Supp. 987.

HALL, Appellant, v. GALBAN & CO., Respondents. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Joseph P. Hall against Galban & Co. F. Stewart, of New York City, for appellant. M. G. Holstein, of New York City, for respondents. No opinion. Order modified, as directed in order, and, as modified, affirmed, with $10 costs and disbursements to plaintiff. Order filed. See, also, 148 N. Y. Supp. 517.

HALSTED v. SIMMONS. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Florence Halsted against Julia G. Simmons. No opinion. Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed.

lant.

HARRIS, Respondent, v. MCCABE, AppelThird Department. March 3, 1915.) Action by (Supreme Court, Appellate Division, Benjamin A. Harris against Elizabeth McCabe. No opinion. Judgment unanimously affirmed, with costs.

HART v. CORT (two cases). (Supreme Court, JanuAppellate Division, First Department. ary 15, 1915.) Actions by Thomas R. Hart against John Cort. No opinion. Motions denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 4.

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HATCH, Appellant, v. BUFFALO, L. & R. R. CO., et al. Respondents. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Eugene L. Hatch against the Buffalo, Lockport & Rochester Railroad Company and another. No opinion. Appeal dismissed, without costs, upon stipulation filed.

HATCH, Respondent, V. NEW YORK STATE RYS., ROCHESTER LINES, Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Eugene L. Hatch against the New York State Railways, Rochester Lines, impleaded with others. No opinion. Appeal dismissed, without costs, upon stipulation filed.

HAYES, Appellant, v. AMERICAN BRIDGE CO., Respondent. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by George S. Hayes against the HARADON V. STANDARD OIL CO. (Su- American Bridge Company. R. M. Frink, of preme Court, Appellate Division, First Depart- New York City, for appellant. W. W. Corlett, ment. February 19, 1915.) Action by William of New York City, for respondent. No opinM. Haradon against the Standard Oil Com-ion. Order affirmed, with $10 costs and dispany. No opinion. Application denied, with bursements. Order filed. $10 costs. Order signed.

HARGRAVES, Respondent, v. WICKWIRE STEEL CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) Action by Susan Hargraves, as ad

HEINZER v. KLYBERG et al. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Frederick W. Heinzer against Bernard J. Klyberg and others. No opinion. Application denied, with $10 costs.

Order signed. See, also, 87 Misc. Rep. 315, 149 N. Y. Supp. 949.

HENDRIX AVE. REALTY CO., Appellant, v. PRENDERGAST, Comptroller, Respondent. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Application of the Hendrix Avenue Realty Company for a peremptory writ of mandamus against William A. Prendergast, Comptroller, etc. No opinion. Order affirmed, with $10 costs and disbursements.

In re HENRY KUPFER & CO. (Supreme Court, Appellate Division, First Department. December 24, 1914.) In the matter of Henry Kupfer & Co. No opinion. Motion granted, to the extent stated in order. Order filed. See, also, 150 N. Y. Supp. 1037.

HERTS, Respondent, v. KOBLER, Appellant. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Edwin J. Herts against Regina Kobler. L. A. Tanzer, of New York City, for appellant. J. Canter, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

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HITCHCOCK, Appellant, v. EARL, Respondent, et al. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by John F. Hitchcock against Edward Earl, impleaded with others. J. Nicolson, of New York City, for appellant. S. Bacon, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

HITCHINGS et al., Appellants, v. NEW YORK, B. & M. B. RY. CO. et al., Respondents. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Action by Hector M. Hitchings and others against the New York, Brooklyn & Manhattan Beach Railway Company and another. No opinion. Motion for resettlement of order granted. See, also, 150 N. Y. Supp. 1090.

HOAGLAND, Appellant, v. DAY, Respondent. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Action by Edward A. Hoagland, Jr., against Jason S. Day. No opinion. Order affirmed, with $10 costs and disbursements.

HOFFMAN v. ST. JAMES BUILDING, INC. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by Felix Hoffman against the St. James Building, Incorporated. No opinion. Application denied, with $10 costs. Order signed.

HOLSTEIN, Respondent, V. STEEPLECHASE PARK CO., Appellant (two cases). Supreme Court, Appellate Division, First Department. February 5, 1915.) Actions by MinCompany. S. D. Shwitzer, of New York City, nie Holstein against the Steeplechase Park for appellant. G. H. Taylor, Jr., of New York City, for respondent. No opinion. Judgments and orders affirmed, with costs. filed. See, also, 151 N. Y. Supp. 1121.

Orders

HOLSTEIN v. STEEPLECHASE PARK CO. (two cases). (Supreme Court, Appellate Division, First Department. February 26, 1915.) Actions by Minnie Holstein and by Jacob Holstein against the Steeplechase Park Company. No opinion. Motions denied, with $10 costs. Orders filed. Supp. 1121. See, also, 151 N. Y.

In re HORTON'S WILL. (Supreme Court, Appellate Division, First Department. January 22, 1915.) In the matter of proving the last will and testament of George W. Horton, deceased. No opinion. Motion to dismiss appeal denied on condition that appellant perfect the appeal, place the case on the March calendar of 1915, and be ready for argument when reached; otherwise, motion granted. See, also, 150 N. Y. Supp. 1090.

HOTALING, Respondent, v. JAMES STEWART & CO., Inc., Appellant. (Supreme Court, Appellate Division, Third Department. January 15, 1915.) Action by John Hotaling against James Stewart & Co., Incorporated.

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In re HOWELL. (Supreme Court, Appellate Division, Second Department. February 11, 1915.) In the matter of the petition of Lloyd M. Howell to enforce an attorney's lien. PER CURIAM. Motion for reargument (of 150 N. Y. Supp. 1090) denied, without costs. THOMAS, J., not voting.

HUGHES v. HUGHES et al. (Supreme Court, Appellate Division, Second Department. January 29, 1915.) Action by Mary B. Hughes against Grace N. Hughes and others. No opinlon. Interlocutory judgment affirmed, with costs.

HULL v. FIFTY-SECOND ST. STORAGE HOUSE, Inc., et al. (Supreme Court, Appellate Division, Second Department. February 19, 1915.) Action by Lawrence Hull, as trustee in bankruptcy of Clarence E. Hopkins, against the Fifty-Second Street Storage House, Incorporated, and others.

PER CURIAM. Motion for stay granted. Settle order before Mr. Justice CARR. PUTNAM, J., not voting. See, also, 150 N. Y. Supp. 1090.

H. W. CALDWELL & SON, Respondent, v. KELLOGG et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by H. W. Caldwell & Son against Spencer Kellogg and others. No opinion. Judgment and order affirmed, with costs (in 151 N. Y. Supp. 1122).

H. W. CALDWELL & SON CO., Respondent, v. SPENCER KELLOGG CO., Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by the H. W. Caldwell & Son Company against the Spencer Kellogg Company, impleaded with others. No opinion. Motions to amend decision as to costs (in 151 N. Y. Supp. 1122) granted.

In re HYATT. (Supreme Court, Appellate Division, First Department. February 11, 1915.) In the matter of Augusta Hyatt, deceased. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

In re INTERBOROUGH RAPID TRANSIT CO. (WEBSTER AVE. LINE, WEST FARMS SUBWAY CONNECTION). (Supreme Court, Appellate Division, First Department. February 11, 1915.) In the matter of the Interborough Rapid Transit Company Webster Avenue Line, West Farms Subway Connection). No opinion. Motion granted. Settle order on notice. See, also, 148 N. Y. Supp. 1122.

In re INTERBOROUGH RAPID TRANSIT Department. February 26, 1915.) In the matCO. (Supreme Court, Appellate Division, First ter of the application of the Interborough Rapid Transit Company. No opinion. Application granted. Settle order on notice.

INTERNATIONAL TEXT-BOOK CO., Appellant, v. HOCKEBORN, Respondent. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by the International Text-Book Company against Paul F. Hockeborn. No opinion. Motion for leave to appeal (from 150 N. Y. Supp. 1091) to Court of Appeals granted.

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JACOBS v. DOYLE. (Supreme Court, Appellate Division, First Department. January David A. Doyle. No opinion. Application de29, 1915.) Action by Abraham Jacobs against nied, with $10 costs. Order signed.

JACOBUS, Respondent, v. COLGATE, Appellant. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action by Clement S. Jacobus against William H. Colgate. No opinion. Motion for leave to appeal (from 150 N. Y. Supp. 1056) to the Court of Appeals granted, and questions certified.

JAQUISH, Appellant, v. KELLY et al., Respondents. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Action by George L. Jaquish against George W. Kelly and others.

PER CURIAM. Order_affirmed, with $10 costs and disbursements. See, also, 151 N. Y. Supp. 187.

HOWARD, J., dissents.

JENNINGS, Respondent, V. MCNULTY BROS., Appellants, et al. (Supreme Court, INGRAHAM, Respondent, v. TOWN OF Appellate Division, First Department. FebTHURMAN, Appellant. (Supreme Court, Ap-ruary 19, 1915.) Action by Daniel Jennings pellate Division, Third Department. March 3, against McNulty Bros., impleaded. J. B. Hen1915.) Action by William A. Ingraham against ney, of New York City, for appellants. E. G. the Town of Thurman. No opinion. Judgment Stevens,, of New York City, for respondent. and order unanimously affirmed, with costs. See, No opinion. Order affirmed, with costs. Order also, 161 App. Div. 907, 145 N. Y. Supp. 1128.

filed.

JERMYN v. SEARING et al. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Joseph J. Jermyn against Frederick F. Searing and others. No opinion. Motion granted. Time to file brief extended to February 15th. Settle order on notice. See, also, 160 App. Div. 832, 146 N. Y. Supp. 57.

JOHN B. TAYLOR CO., Respondent, v. VIOLET et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by the John B. Taylor Company against Catharine Violet and others. No opinion. Appeal dismissed, without costs, upon stipulation filed.

JOHN SIMMONS CO. v. VAN REES. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by the John Simmons Company against Abraham C. Van Rees. No opinion. Application denied, with $10 costs. Order signed. See, also, 87 Misc. Rep. 284, 149 N. Y. Supp. 857.

JOHNSON, Respondent, v. OTIS ELEVATOR CO., Appellant. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Action by Maria Johnson, as administratrix, etc., of Carl A. Johnson, deceased, against the Otis Elevator Company. No opinion. Judgment and order unanimously affirmed, with costs.

JOHNSON, Respondent, v. SAYLES, Appellant. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Action by John A. Johnson against Julius Sayles. No opinion. Judgment and order unanimously affirmed, with costs.

In re JOLLES. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) In the matter of the application of Morris Jolles for admission to the bar. No opinion. Application granted.

In re JONES. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) In the matter of the judicial settlement of the accounts of W. Martin Jones, as trustee under the will of Henry Powis, deceased. No opinion. Motion granted, and appeal dismissed, without costs. Held, that there was a good common-law arbitration, which is binding and conclusive upon the appellant, and that the respondents are entitled to have the appeal

dismissed.

JONES, Respondent, v. LEE, Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) Action by Horwood V. Jones, as receiver, etc., against George W. Lee, impleaded with David Ballas. No opinion. Order affirmed, with $10 costs and disbursements.

JONES, Appellant, v. SANDIFORD, Respondent. (Supreme Court, Appellate Division,

Second Department. February 26, 1915.) Action by Gertrude M. Jones against Richard Sandiford. No opinion. Motion denied, without costs. See, also, 150 N. Y. Supp. 1091.

JOSEPH, Appellant, v. GUERNSEY, Respondent. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Action by Isadore S. Joseph against Aai Guernsey. No opinion. Interlocutory judgment reversed, with of Stroock Plush Co. v. Talcott, 129 App. Div. $10 costs and disbursements, upon the authority 14, 113 N. Y. Supp. 214, and demurrer sustained, without costs.

JUDD v. NEW YORK CENT. & H. R. R. CO. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Action by Ora Judd against the New York Central & Hudson River Railroad Company. No opinion. Motion denied. See, also, 149 N. Y. Supp. 733.

KAMMAN, Respondent, v. KAMMAN, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Cora A. Kamman against John H. Kamman. PER CURIAM. Appeals from orders dismissed, unless appellant file and serve the printed papers and briefs on or before the 7th day of March, and be ready to argue the appeals on the 12th day of March. Appeal from judgment dismissed, unless appellant file and serve the printed papers and briefs on appeal on or before the 12th day of March, and be ready to argue the appeal on the 15th day of March. See, also, 151 N. Y. Supp. 226.

KEEL v. JOBSON & GIFFORD CO. et al. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Julia Keel, as administratrix, etc., against the Jobson & Gifford Company, impleaded, etc. No opinion. Motion to dismiss appeal granted with $10 costs. Order filed. See, also, 149 N. Y. Supp. 1090.

KEENAN, Appellant, v. MILK, Respondent et al. (Supreme Court, Appellate Division Second Department. January 15, 1915.) Ac tion by Frank Keenan against Morris Milk ano another.

PER CURIAM. The matters alleged in the "first separate defense" in the answer of defendant Morris Milk do not constitute a defense to the cause of action set forth in the complaint. of the answer, and it was not proper pleading These matters were provable under the denials to set them up as an affirmative defense. Therefore the motion of plaintiff to sustain his demurrer to these matters when pleaded as a defense should have been granted. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

KEERY, Respondent, v. OSCAR DANIELS CO., Appellant. (Supreme Court, Appellate Division, Second Department. February 19, 1915.) Action by Patrick Keery against the Oscar Daniels Company. No opinion. Judg

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