NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CONNECTICUT, Respondent, v. Richard SHEARMAN, by Guardian ad Litem, Appellant.

Supreme Court, Appellate Division, Fourth Department. November 23, 1927. Appeal dismissed, unless appellant shall be ready for argument at the opening of the January term. See, also, 209 App. Div. 538, 204 N. Y. S. 673.

2

NATIONAL SUPPLY COMPANY OF TEXAS, Respondent, v. John WEILEY, Appellant.

Supreme Court, Appellate Division, First Department. November 25, 1927. W. H. Clark, of New York City, for appellant. J. P. Gifford, of New York City, for respondent. Judgment affirmed, with costs. No opinion. Order filed.

3

NATIONAL SURETY COMPANY v. SEABOARD NATIONAL BANK, and New York Trust Company and Another.

Supreme Court, Appellate Division, First Department. December 23, 1927. Application denied, with $10 costs, and stay vacated. Order filed.

4

In the Matter of the Claim of Dominick NAZZARO, Respondent, v. Frank ANGELILLI and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. December 1, 1927. Award unanimously affirmed, with costs to the State Industrial Board.

See, also, 217 App. Div. 415, 216 N. Y. S. 721.

5

In the Matter of the Claim of John NEIGEL, Respondent, v. CONSOLIDATED CAN CORPORATION and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. December 1, 1927. Award unanimously affirmed, with costs to the State Industrial Board.

6

In the Matter of the Claim of Mrs. Annie NEWMAN, Respondent, v. ROMAN CATHOLIC CHURCH OF ST. NICHOLAS and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. December 1, 1927. Award unanimously affirmed, with costs to the State Industrial Board.

(225 N.Y.S.)

NEW YORK LIFE INSURANCE COMPANY, Appellant, v. Nicholas J. E. WESSELMANN, Respondent.

Supreme Court, Appellate Division, Fourth Department. November 23, 1927. Kenefick, Cooke, Mitchell & Bass, of Buffalo, for appellant. Melvin & Melvin, of Syracuse, for respondent. Order affirmed, with $10 costs and disbursements. All concur.

2

NEW YORK POWER & LIGHT CORPORATION, Plaintiff, v. David GREGG and Thomas O'Connor, Defendants.

Supreme Court, Appellate Division, Third Department. December 1, 1927. Motion granted, on condition that appellant has the appeal in readiness for argument on the first day of the next term at which said appeal may be heard.

3

NEW YORK RAPID TRANSIT CORPORATION, Respondent, v. CITY of NEW YORK, Appellant.

Supreme Court, Appellate Division, Second Department. December 16, 1927. Judgment unanimously affirmed, with costs. No opinion.

4

Harry NIEHAUS v. Warren E. JOHNSTON and Another.

Supreme Court, Appellate Division, First Department. December 23, 1927. Application denied, with $10 costs. Order filed.

5

Harris I. NIRENSTEIN, Appellant, v. MAISON MAURICE, Inc., a Domestic Corporation, Defendant, Impleaded with H. Leonard Simmons, Doing Business Individually and as H. Leonard Simmons & Co., Respondent.

Supreme Court, Appellate Division, First Department. November 25, 1927. H. J. Griston, of New York City, for appellant. C. Eno, of New York City, for respondent. Orders affirmed, with $10 costs and disbursements. No opinion. Order filed.

6

Harris I. NIRENSTEIN, Appellant, v. MAISON MAURICE, Inc., a Domestic Corporation, Impleaded, etc., Respondent.

Supreme Court, Appellate Division, First Department. Novem-、 ber 25, 1927. H. J. Griston, of New York City, for appellant. J. C. Myers, of New York City, for respondent. Orders affirmed, with $10 costs and disbursements. No opinion. Order filed.

NORDEN COMPANY, Inc., v. LIBBY'S HOTEL CORPORATION and

Others.

Supreme Court, Appellate Division, First Department, December 23, 1927. Motion denied, with $10 costs. Order filed.

NORDEN COMPANY, Inc., Respondent, v. LIBBY'S HOTEL CORPORATION and Others, Appellants.

Supreme Court, Appellate Division, First Department. December 2, 1927. B. Bernstein and L. B. Boudin, both of New York City, for appellants. H. A. Friedman, of New York City, for respondent. Order affirmed, with $10 costs and disbursements, with leave to the defendants to answer within 20 days from service of order, upon payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed.

3

In the Matter of the Claim of George NORDSTROM, Respondent, v. DOMESTIC ELECTRIC COMPANY, Inc., and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. December 1, 1927. Motion denied.

4

NORTHERN NEW YORK UTILITIES, Incorporated, Appellant, v. CITY OF WATERTOWN, NEW YORK, Respondent.

Supreme Court, Appellate Division, Fourth Department. November 30, 1927. Hughes, Rounds, Schurman & Dwight, of New York City, for appellant. William W. Kelley, of Watertown, for respondent. Judgment and order affirmed, with costs. All concur.

5

Frederick A. NORTON, Respondent, v. CARBIDE & CARBON REALTY COMPANY, Inc., a Domestic Corporation, Appellant.

Supreme Court, Appellate Division, Second Department. December 23, 1927. Order granting motion to strike out defense of new matter affirmed, with $10 costs and disbursements. Doran v. New York City Interborough Ry. Co., 239 N. Y. 448, 147 N. E. 62. The appellant stands upon the force of its pleading, without any suggestion of the right to plead over.

LAZANSKY, P. J., and RICH, KAPPER, SEEGER, and CARSWELL, JJ., concur.

(225 N.Y.S.)
1

Milton NOVA, Respondent, v. KAESS MANUFACTURING CORPORATION, Appellant.

Supreme Court, Appellate Division, Second Department. December 16, 1927. Judgment unanimously affirmed, with costs. No opinion.

2

NOVELTY SLIPPER CO., Inc., Respondent, v. Samuel KROHNBERG and Another, Appellants.

Supreme Court, Appellate Division, First Department. November 25, 1927. A. Hirst, of New York City, for appellants. I. J. Schuster, of New York City, for respondent. Order, so far as appealed from, affirmed, with $10 costs and disbursements. No opinion. Order filed.

3

Mary NOWAK and Another, Appellants, v. BROTHERHOOD OF AMERICAN YEOMEN, Respondent.

Supreme Court, Appellate Division, Fourth Department. November 16, 1927. Motion for reargument denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied.

4

Wawzyn NOWAK, Appellant, v. BROTHERHOOD OF AMERICAN YEOMEN, Respondent.

Supreme Court, Appellate Division, Fourth Department. November 16, 1927. Motion for reargument denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied.

5

N. R. S. REALTY CORPORATION, Appellant, v. BERNARD S. FORMAN, Inc., and George J. Rheuban, Respondents. Action No. 2.

Supreme Court, Appellate Division, Second Department. November 4, 1927. For the reasons stated in N. R. S. Realty Corporation v. Bernard S. Forman, Inc., and George J. Rheuban (action No. 1, App. Div., 225 N. Y. S. 52, decided herewith), order denying motion for retaxation is reversed upon the law, with $10 costs and disbursements, and motion granted, with $10 costs. Settle order on notice. See, also, 220 App. Div. 591, 222 N. Y. S. 172; 220 App. Div. 768, 222 N. Y. S. 175.

YOUNG, RICH, KAPPER, LAZANSKY, and HAGARTY, JJ., concur.

N. & A. REALTY CO., Inc. (a Domestic Corporation), Respondent, v. Ben B. PAUKER, Appellant.

Supreme Court, Appellate Division, First Department. December 16, 1927. I. Shapiro, of New York City, for appellant. C. Liebling, of New York City, for respondent. Order affirmed, with $10 costs and disbursements, with leave to the defendant to answer within 10 days from service of order, upon payment of said costs. No opinion. Order filed.

2

Lewis Joseph O'BRIEN and Theresa O'Brien, Respondents, v. Marie FEDERMAN and Lulu Moritz, Appellants.

Supreme Court, Appellate Division, Second Department. December 9, 1927. Motion for stay of temporary injunction denied.

3

Richard C. O'CONNELL, Respondent, v. NEW YORK DOCK RAILWAY, Appellant.

Supreme Court, Appellate Division, Second Department. December 5, 1927. Order granting plaintiff's motion for a preference affirmed, with $10 costs and disbursements. No opinion.

LAZANSKY, P. J., and RICH, KAPPER, SEEGER, and CARSWELL, JJ., concur.

4

Ellen N. O'CONNELL, Respondent, v. Renato PEZZI and Another, Appellants.

Supreme Court, Appellate Division, Third Department: December 1, 1927. Motion denied, with $10 costs.

5

Timothy O'KEEFE, Respondent, v. Charles E. CHALMERS, as Receiver of the Second Avenue Railroad Company, Appellant.

Supreme Court, Appellate Division, First Department. November 18, 1927. C. E. Peterson, of New York City, for appellant. W. J. Avrutis, of New York City, for respondent. Judgment and order reversed, with costs, and complaint dismissed, with costs, on the grounds that the verdict was against the weight of the evidence and the plaintiff guilty of contributory negligence. Order filed.

6

Daniel O'LEARY, Appellant, v. Louis I. HARRIS, Respondent.

Supreme Court, Appellate Division, First Department. November 25, 1927. A. T. O'Leary, of New York City, for appellant. V.