First Department, November, 1920.

[Vol. 194.

STEPHEN H. JACKSON, Appellant. Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ.

JAMES T. BRAXTON, as Administrator of EUGENE BRAXTON, Deceased, Appellant, V. BENJAMIN S. MENDELSON, Respondent.— Judgment affirmed. with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ.

DANTE GIANNETTINO, an Infant, by JOHN GIANNETTINO, His Guardian ad Litem, Respondent, v. MAKS WEISS, Appellant.- Judgment and order reversed, with costs, and complaint dismissed, with costs, on the authority of Muller v. Hillenbrand (227 N. Y. 448). Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ.

(See

INTEROCEAN FORWARDING COMPANY, Appellant, v. CHARLES R. Mc CORMICK & COMPANY, Respondent.- Order affirmed, with costs. Keeveney v. McCormick & Co., 266 Fed. Rep. 314.) Present — Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ.

CLIFFORD S. WOODRUFF, Appellant, v. MAX GERMANSKY, Respondent, Impleaded with Another. Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ.; Merrell, J., dissenting.

In the Matter of JAMES T. BUNT, an Attorney.-Application for reargument or for leave to appeal to the Court of Appeals denied. Settle order on notice. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ISIDORE BERNSTEIN V. FRANCES BERNSTEIN.- Motion to dismiss appeal denied; the appeal to be noticed for argument and placed on calendar for December 3, 1920, and argued or submitted on that day. PresentClarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

THE PEOPLE OF THE STATE OF NEW YORK V. MAX ESHUK.-Motion granted and order of April 23, 1920, vacated. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

ALONZO R. PECK and Others v. SAMUEL S. PECK and Others.- Motion granted, with ten dollars costs, unless appellants comply with terms stated in order. Present- Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. EUGENE SAXE V. SUGARLAND MANUFACTURING COMPANY.- Motion granted. Settle order on notice. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

ISIDOR KASNER V. SUSAN M. MERIAN.- Motion denied, with ten dollars costs. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. JOHN STAFF, Respondent, v. BEMIS REALTY CORPORATION and Another, Impleaded with ABRAHAM FINKENTHAL, Appellant.- Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of said costs and ten dollars costs at Special Term. No opinion. Present - Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH BERNAVA and BARNEY MORTILLARO, Appellants. Judgment affirmed. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

App. Div.]

First Department, November, 1920.

LOUIS A. SLATTERY, Respondent, v. SAMUEL S. JONES, Appellant.— Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

Judg

WILLIAM P. CASEY, by JAMES CASEY, His Guardian ad Litem, Appellant, v. UNITED CIGAR STORES COMPANY OF AMERICA, INC., Respondent. ment affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

SAMUEL BERNSTOCK, by MORRIS BERNSTOCK, His Guardian ad Litem, Appellant, v. UNITED CIGAR STORES COMPANY OF AMERICA, INC., Respondent.- Judgment affirmed, with costs. No opinion. Present-Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

PHILIP SILBER and Another, Respondents, v. CONSOLIDATED WAFER COMPANY, INC., Appellant.— Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ. ABRAHAM Katz, an Infant, by SAMUEL KATZ, His Guardian ad Litem, Respondent, v. CELESTINA F. DEULACIA, Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

SAMUEL KATZ, Respondent, v. CELESTINA F. DEULACIA, Appellant.Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce the judgment as entered to $2,137.43; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

ABRAHAM LEICHTAG, Respondent, v. REALTY ASSOCIATES, Appellant.Determination affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

GEORGE N. CHERRINGTON, Suing on Behalf of Himself and Other Tenants of the Gardens Apartment, etc., Appellant, v. GARDENS APARTMENT, INC., Respondent. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ. FREDERICK HEARN, an Infant, etc., by OTIS HEARN, His Guardian ad Litem, Respondent, v. CHARLES EDDISON, Impleaded with THE WHITE COMPANY, Appellant.- Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ. JOHN POLKOWSKI, as Administrator, etc., of HELEN POLKOWSKI, Deceased, Respondent, v. HARVILL REALTY CORPORATION, Appellant. Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce the judgment as entered to $2,254.79, including interest and costs; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

PERCY GRIFFIN and Another, Copartners, etc., and Others, Appellants, v. THE CITY OF NEW YORK, Respondent. Judgment affirmed, with costs. No opinion. Present Laughlin, Smith, Page and Merrell, JJ.

[Vol. 194.

First Department, November, 1920.

TAUFIK ABRAHAM and Another, Copartners, etc., Respondents, v. NORD DEUTSCHE INSURANCE COMPANY OF HAMBURG, GERMANY, Appellant.Judgment and order affirmed, with costs. No opinion. Present P. J., Laughlin, Smith, Page and Merrell, JJ.

Clarke,

DELIA SPELLACY, as Administratrix, etc., of THOMAS SPELLACY, Deceased, Respondent, v. HAGERTY MOTOR TRUCKING COMPANY, INC., Appellant.— Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

GEORGE H. WALKER, Appellant, v. TRULY WARNER, Respondent.— Order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

LORETTA STARK, Appellant, v. MASONIC LIFE ASSOCIATION, Respondent. - Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

DAVID LIEBER, Respondent, v. CHARLES & COMPANY, Appellant.Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce the judgment as entered to $5,385.46, including interest and costs; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

GEORGE CARLTON COMSTOCK, Respondent, v. JOHN T. RAINIER and Another, Appellants. Order affirmed, with ten dollars costs and disbursements, with leave to defendants to withdraw demurrer and to answer on payment of said costs and ten dollars costs of motion at Special Term. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

HERMAN OPPENHEIMER, Respondent, v. HERMAN CURIEL, Appellant.— Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

FRANK J. MCCARRON, Respondent, v. PLEASANT STEAM LAUNDRY COMPANY, INC., Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

In the Matter of the Application of FRANK W. PAYNE, Appellant, for a Writ of Mandamus Directing the Officers of COONEY-DUNN COMPANY OF NEW YORK, Respondent, to Permit an Examination of the Corporate Books. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. CATHERINE HYLAND, Respondent, V. VALENTINE FINK, Appellant.— Determination affirmed, with ten dollars and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

66

F. B. LAWRENCE, LTD., Respondent, v. WALTER HAST, Appellant, Impleaded with Another.- Order modified by striking therefrom all after the word discontinued" and inserting with costs to defendant to be taxed," and as so modified affirmed, with ten dollars costs and disbursements to appellant. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

App. Div.]

First Department, November, 1920.

WALTER W. IRWIN, Respondent, v. HARVEY H. HEVENOR, Appellant, Impleaded with Another.- Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that sufficient facts are not shown to warrant an examination for the purpose of framing a complaint. Present · Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

ROGERS PEET COMPANY, Appellant, v. SIDney Hillman, as President of AMALGAMATED CLOTHING WORKERS OF AMERICA, and Others, Respondents. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

In the Matter of the Application of JOHN W. GOODRIDGE, Respondent, for a Peremptory Writ of Mandamus, against JOHN H. DELANEY, as Transit Construction Commissioner, Appellant.— Order modified by striking therefrom subdivisions "f" and "i" and as so modified affirmed, without costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

MALCOLM S. MCN. WATTS, Appellant, v. EVAN V. QUINN, Respondent.Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

THE PUBLIC NATIONAL BANK OF NEW YORK, Respondent, v. MORTIMER H. REISS, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

HARRY A. HARRIS and Another, Copartners, Respondents, v. ALEXANDER PROPPER and Another, Copartners, etc., Appellants.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Dowling, Smith Page and Greenbaum, JJ.

NESTLE'S FOOD COMPANY, INC., Respondent, v. FEDERAL LINE, INC., Appellant. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

JOSEPH SPECTOR, Respondent, v. THE NATIONAL SAFE COMPANY, Appellant. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.; Smith, J., dissenting.

In the Matter of the Application of ESTELLE J. BECKETT and Others, as Executors, etc., of CHARLES H. BECKETT, Deceased, Appellants, to Fix and Determine His Fees as Attorney and to Enforce a Lien Therefor upon the Interests and Claims of GIFFORD PINCHOT and Others, Respondents, in the Estate of AMOS F. ENO, Deceased. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

HENRIETTA GOLDFEIN and Another, Appellants, v. ISAAC MENDELSON and Others, Respondents. Orders affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

In the Matter of the Application of CHARLES E. NAUSS, as Coexecutor,

First Department, November, 1920.

[Vol. 194. etc., of WENDOLIN J. NAUSS, Deceased, etc., under Section 2698 of the Code of Civil Procedure, Respondent; FLORENCE T. HILDEBRAND, as Coexecutrix, etc., Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present- Clarke, P. J., Dowling, Smith,

Page and Greenbaum, JJ.

THE MAINTENANCE COMPANY, INC., Appellant, v. WILLIAM RUBENOFF and Another, Doing Business under the Name and Style of NEW YORK MAINTENANCE COMPANY, Respondents. costs and disbursements. No opinion. Smith, Page and Greenbaum, JJ.

Order affirmed, with ten dollars Present― Clarke, P. J., Dowling,

BUILDERS BRICK AND SUPPLY COMPANY, INC., V. ANNE A. BENJAMIN and Others, Impleaded, etc.- Motion to dismiss appeal granted, with ten dollars costs. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

ROSA JOSEPH V. GLOBE AND RUTGERS FIRE INSURANCE COMPANY OF THE CITY OF NEW YORK.- Motions to dismiss appeals granted, with ten dollars costs, unless appellant complies with terms stated in orders. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

ROSA JOSEPH V. INSURANCE COMPANY OF NORTH AMERICA.-Motions to dismiss appeals granted, with ten dollars costs, unless appellant complies with terms stated in orders. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

JACOB WAXMAN V. ISIDOR LANDAU.- Motion to dismiss appeal denied, without costs. Present- Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

LIANA R. O'NEIL V. MCKINLEY MUSIC COMPANY.-Motion to dismiss appeal granted, with ten dollars costs, unless appellant complies with terms stated in order. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

WALTER W. IRWIN V. HARVEY H. HEVENOR, Impleaded, etc.- Motion to dismiss appeal denied. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

JOSEPH E. HURWITZ and Others v. SOLOMON LEVIN, Impleaded, etc.Motion to dismiss appeal denied, with ten dollars costs. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

THE PEOPLE OF THE STATE OF NEW YORK V. LAWRENCE LANE.- Motion to dismiss appeal granted. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

THE PEOPLE OF THE STATE OF Motion to dismiss appeal granted. Smith, Page and Greenbaum, JJ.

NEW YORK V. JOHN D. FOWLer.—
Present · Clarke, P. J., Dowling,

THE PEOPLE OF THE STATE OF NEW YORK V. JOHN BALLERO and WILLIAM VIGNOLD. Motion to dismiss appeal granted. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DEVEARA AUGUILLIAR v. PETER MALLON, Warden, etc.- Motion to dismiss appeal granted. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.