text:
    In the Matter of the Claim of Bernard Enright, Respondent, against Asplundh Tree Expert Co. et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued April 17, 1947;
    decided May 22, 1947.

      Charles B. Sullivan and John J. Connors, Jr., for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy W eider sum and Theodore M. Schwarts of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Conway, Desmond, Thacher and Fuld, JJ. Lewis, J., dissents and votes for reversal and dismissal of the claim. Dye, J.,. dissents and votes for remission for the recomputation of the award.


source: Caselaw Access Project

license: Public Domain

text:
    Dale Belmont, Appellant, v. Lester Cowan Productions, Inc., Respondent.
    Counsel appeared May 19, 1947;
    decided May 22, 1947.
    <7. Norman Lewis, Benjamin Bartel and Lester A. Lasarus for appellant.

      Louis D. Frohlich, Arthur H. Schwarts and Herbert P. Jacoby for respondent.
   Application for leave to withdraw appeal granted on condition that the appellant pay to the respondent taxable disbursements within twenty days; otherwise, order affirmed and judgment absolute ordered on the stipulation, with costs in all courts. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaghee, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Salvatore Di Cristofaro, Appellant.
    Argued April 16, 1947;
    decided May 22, 1947.

      Thomas L. Newton for appellant.

      Gordon Steele, District Attorney (Leonard Finhelstein of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Loughs,an, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Joseph Baksi, Respondent, v. Herman Wallman, Appellant; Nathan Wolfson et al., Respondents, et al., Defendants.
    Argued May 12, 1947;
    decided May 22, 1947.

      Jacob J. Kramer, Irving 7. Dolowich and Jag 0. Kramer for appellant.

      Jag Leo Rothschild and Stanley L. Gluck for plaintiff Joseph Baksi and defendant Nathan Wolf son. respondents.

      Nathaniel L. Goldstein, Attorney-General (Samuel A. Hirshowits, Wendell P. Brown and John P. Powers of counsel), for State Athletic Commission, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Naclerio Construction Co., Inc., Appellant and Respondent, v. State of New York, Respondent and Appellant.
    (Claim No. 25471.)
    Argued April 11, 1947;
    decided May 22, 1947.

      Benjamin Machinist and James H. Barrett for claimant, appellant and respondent.

      Nathaniel L. Goldstein, Attorney-General (Gerald J. Carey and Wendell P. Brown of counsel), for defendant, respondent and appellant.
   Judgment of Appellate Division, so far as appealed from by the State, reversed and that of Court of Claims affirmed, with costs in this court and in the Appellate Division, on the ground that the additional work of excavating rock was contemplated and covered by the contract, and was to be paid for at the contract price specified for “ unclassified excavation ” which, by definition, includes the excavation of rock. Judgment of Appellate Division, so far as appealed from by claimant, affirmed, without costs. No opinion.

Concur; Loughkan, Ch. J., Lewis, Conway, Desmond, Thacheb and Fvld, JJ. Taking no part, Dye, J.


text:
    The People of the State of New York, Respondent, v. Edward N. Jones and Arnold Sims, Appellants.
    Argued January 15, 1947;
    decided May 22, 1947.

      Edward H. Levine and Ralph E. Hemstreet for Edward Jones, appellant.

      Harry Chiert and Archibald H. Kurland for Arnold Sims, appellant.

      Miles F. McDonald, District Attorney (Solomon A. Klein and Henry J. Walsh of counsel), for respondents.
   Judgments of conviction, and order denying motion for a new trial, affirmed; no opinion.

Concur: Lewis, Conwat, Thacheb, Dye and Ftjld, JJ.; Loughran, Ch. J., and Desmond, J., dissent and vote to reverse and order a new trial on the ground that the interests of justice so require.


text:
    Michael Scolavino, an Infant, by Anthony Scolavino, His Guardian ad Litem, Respondent, v. State of New York, Appellant.
    (Claim No. 27647.)
    Argued April 15, 1947;
    decided May 22, 1947.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for appellant.

      Milton M. Leichter and Julius Wolf son for respondent.
   Judgment affirmed, with costs; no opinion. [See Flaherty v. State of New York, 296 N. Y. 342, decided herewith.]

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ,


text:
    In the Matter of the Will of Josephine Rupprecht, Deceased. Belle E. Hartnagle et al., Appellants; Security Trust Company of Rochester, as Executor of Josephine Rupprecht, Deceased, et al., Respondents.
    Argued May 12, 1947;
    decided May 22, 1947.

      George J. Skivington, Walter W. Post and Gregory F. Mills for distributees of Josephine Rupprecht, deceased, appellants.

      Wallace J. Stakel and Donald M. Donahue for The Children’s Home Association of Genesee County, appellant.

      James L. Kelly, George W. Watson and Frank A. Corti for Security Trust Company of Rochester, as executor, respondent.

      Nathaniel L» Goldstein, Attorney-General (A. W. Feinberg„ Wendell P. Brown and Thomas Burke of counsel), for unknown beneficiaries of a charitable trust, respondent.

      Albert J. Waterman for St. James Episcopal Church of Batavia, • respondent.
   Order affirmed, with costs, to all parties appearing separately and filing briefs payable out of the estate; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Patrick Doherty, as Treasurer of Compressed Air, Foundation, Caisson, Tunnel, Subway, Sewer, Cofferdam Construction Local Union No. 147 of New York, New Jersey States and Vicinities, et al., Appellants and Respondents, v. Joseph V. Moreschi, Individually and as President of International Hod Carriers ’, Building and Common Laborers’ Union of America, et al., Respondents and Appellants, et al., Defendants.
    Argued February 24, 1947;
    decided May 22, 1947.

      Hyman N. Glickstein and Daniel W. Meyer for plaintiffs, appellants and respondents.

      Edmond B. Butter, Edward T. Galloway and Joseph E. Swierzbinski for defendants, respondents and appellants appearing specially.
   On plaintiffs’ appeal: Order, so far as appealed from, affirmed, with costs. Fifth question certified answered in the negative. Other questions certified not answered. On appeal of defendant International Union: Orders, so far as appealed from, reversed and the motion of the defendant International Union granted, with costs. First and ninth questions certifled answered in the negative. Other questions certified not answered. (See Amon v. Moreschi, 296 N. Y. 395, decided herewith.) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    John J. Miller et al., Respondents, v. Joseph V. Moreschi, as President of International Hod Carriers’, Building and Common Laborers’ Union of America, et al., Appellants, et al., Defendants.
    Argued February 24, 1947;
    decided May 22, 1947.

      Edmond B. Butler, Edward T. Galloway and Joseph E. Swiersbinski for appellants appearing specially.

      Eymcm N. Glickstein and Daniel W. Meyer for respondents.
   Order, so far as appealed from, reversed and motion of defendant-appellant International Union granted, with costs. First and ninth questions certified answered in the negative. Other questions certified not answered. (See Amon v. Moreschi, 296 N. Y. 395, decided herewith.) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of Brooklyn Union Gas Company, Respondent, against Lazarus Joseph, as Comptroller of the City of New York, Appellant.
    Argued April 10, 1947;
    decided May 22, 1947.

      Charles E. Murphy, Corporation' Counsel (Isaac C. Bonner, Seymour B. Quel and Gertrude Eerschler of counsel), for appellant.

      Jackson A. Bykman, Sigourney B. Olney and Milo F. McBonald, Jr., for respondent.
   Appeal dismissed, without costs, on the ground that the order appealed from does not finally determine a special proceeding within the meaning of the Constitution (see Matter of N. Y. State Elec. Corp. v. Public Service Comm., 260 N. Y. 32, 34). No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Morton Milman, Appellant, v. Dorothy Denniston, Respondent.
    Submitted May 12, 1947;
    decided May 22, 1947.

      Ralph E. Freidus for motion.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the judgment sought to be appealed from does not finally determine the action within the meaning of the Constitution in that it is merely a judgment for costs. (Livingston v. Todd Shipyards, 296 N. Y. 854; Prescott v. Collins, 290 N. Y. 811.)


text:
    The People of the State of New York, Respondent, v. Sigmund Rosengarten, Appellant.
    Submitted May 12, 1947;
    decided May 22, 1947.
   Motion by appellant for reargument denied. [See 296 N. Y. 903.]


text:
    Eugene Hahn, Appellant, v. Luria Steel & Trading Corporation, Respondent.
    Submitted May 12, 1947;
    decided May 22, 1947.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 955.]


text:
    Sol Cohen et al., Appellants, v. Cauldwell-Wingate Co. et al., Respondents.
    Submitted May 12, 1947;
    decided May 22, 1947.
   Motion by appellants for reargument denied, with $10 costs and necessary printing disbursements. [See 296 N. Y. 776.]


text:
    The People of the State of New York ex rel. Donald E. Crimi, Appellant, against Warden of Attica State Prison, Respondent.
    Submitted May 12, 1947;
    decided May 22, 1947.
   Motion by appellant for reargument of motion for leave to appeal, to prosecute appeal as a poor person and for assignment of counsel, denied upon the ground that the court lacks jurisdiction to review the order sought to be appealed from. [See 296 N. Y. 1005.]


text:
    In the Matter of the Arbitration between Henry Behrens, Appellant, and Gertrud Feurring et al., Respondents.
    Submitted May 12, 1947;
    decided May 22, 1947.
   Motion by appellant for reargument, denied, with $10 costs and necessary printing disbursements. The record herein was silent as to the basis of the arbitrators’ award. This court, by its decision, made no attempt to speculate as to that matter, but held that since the award might have rested on a ground which the arbitrators were competent to consider, other than that of fraud, there was no warrant for an inference of usurpation of power by them or other abuse of their office.” [See 296 N. Y. 172.]


text:
    Max Beinhocker, Respondent, v. Barnes Development Corporation, Appellant-Respondent, and Staley Elevator Company, Inc., Appellant.
    Submitted May 12, 1947;
    decided May 22, 1947.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 296 N. Y. 925.]


text:
    In the Matter of the Accounting of Robert C. Brown, as Executor of George L. Buckman, Deceased. Isabel Kay et al., Appellants; Emily W. MacCormack et al., as Executors and Trustees under the Will of Robert S. MacCormack, Deceased, et al., Respondents.
    Submitted May 12, 1947;
    decided May 22, 1947.
   Motion by appellants to amend remittitur granted. Return of the remittitur requested and when returned it will be amended by adding thereto the following: Upon this appeal there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Appellants argued that for the purpose of enabling the Surrogate’s Court to make a complete and effective determination as to the allocation of Federal and State estate taxes, section 124 of the Decedent Estate Law and section 56 of the Surrogate’s Court " Act authorized the acquisition of personal jurisdiction over respondents (other than respondent Hoener), upon constructive service of process and, as so construed, were consistent with the due process clause of the 14th Amendment to the Federal Constitution. This court held that the' aforesaid statutes, if so construed, would be repugnant to that provision of the Federal Constitution and construed the statutes as not authorizing such acquisition of personal jurisdiction. [See 296 N. Y. 915.]


text:
    In the Matter of Ben Miller, Appellant, against Arthur W. Wallander, as Police Commissioner of the City of New York, Respondent.
    Submitted May 19, 1947;
    decided May 22, 1947.

      Sydney Rosenthal and Benjamin J. Jacobson for motion.

      Charles E. Murphy, Corporation Counsel (Seymour B. Quel and Henry J. Shields of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21, subdivision (b) of the Rules of the Court of Appeals are filed.


text:
    Atlantic Gulf and West Indies Steamship Lines, Respondent, v. City of New York, Appellant.
    Argued May 12, 1947;
    decided May 23, 1947.

      Charles E. Murphy, Corporation Counsel (Harry E. O'Donnell and Reuben Levy of counsel), for appellant.

      Inzer B. Wyatt and John R. Miller for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Field, JJ.


text:
    Maurice Handman, Respondent, v. Parfums Lengyel, Ltd., Defendant, and George Lengyel et al., Appellants.
    Argued April 17, 1947;
    decided May 23, 1947.

      Joseph 11. Miller for appellants.

      Benjamin G. Ritman, Myron M. Fineman and Horace M. Gohen for respondent.
   Judgment of the Appellate Division, insofar as it affirms the judgment of the Trial Term dismissing the counterclaim in defendants’ second amended answer, affirmed, with costs. Appeal from that part of the judgment of the Appellate Division which affirms the order and judgment of the Trial Term granting plaintiff’s motion to discontinue the action, dismissed, without costs, on the ground that such part of the judgment does not finally determine the action within the meaning of the Constitution. (Metropolitan Life Ins. Co. v. Hydrex Co., 214 N. Y. 622; Symington v. Symington, 244 N. Y. 553.) No opinion.

Concur: Loitghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Ella F. Guild, Appellant, v. Henry Hopkins, Jr., et al., as Executors of Walter R. Herrick, Deceased, et al., Respondents, et al., Defendants.
    Argued April 7, 1947;
    decided May 23, 1947.

      Isidor Wasservogel and Samuel M. Lane for appellant.

      Kenneth M. Spence, James H. Halpin and David B. Tolins for estate of Walter R. Herrick and others, respondents.

      David S. Edgar, Jr. and Charles A. Houston for Royal Little and another, respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loúghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye ancf Fuld, JJ.


text:
    In the Matter of Elsie McGovern, Appellant, against Thomas J. Curran, as Secretary of State, et al., Respondents.
    Argued May 19, 1947;
    decided May 23, 1947.

      John P. McGrath, Neil M. Lieblich and Abraham J. Multer for Miles P. McDonald, respondent.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Teacher, Dye and Fuld, JJ.


text:
    In the Matter of Irwin Slater, Appellant, against Jacob Marks et al., Respondents.
    Argued May 26, 1947;
    decided May 27, 1947.

      Nathaniel L. Goldstein, Attorney-General, Binar Ghrystie and Jacob Marks for motions.

      Irwin Slater, in person, opposed.
   Motions granted and appeal dismissed upon the ground that the áppeal was not taken in time.


text:
    Wolf J. Overhamm, Trading under the Name of Parfums Hartnell Distributors, Appellant and Respondent, v. Evelyn Westall, Individually and Doing Business under the Name of Evelyn Westall Company, et al., Respondents and Appellants.
    Submitted May 26, 1947;
    decided May 27, 1947.

      Otto C. Sommerich and Donald I. Peyser for motion.

      Bernard Eershkopf and Myron J. Greene opposed.
   Motion denied, with leave to renew upon the argument of the appeal.


text:
    In the Matter of the Estate of Carrie Guggenheim, Deceased. Clarence L. Myers et al., as Executors of Carrie Guggenheim, Deceased, Appellants; State Tax Commission, Respondent.
    Argued May 13, 1947;
    decided May 29, 1947.

      ■ William L. Lynch for appellants.

      Mortimer M. Kassell, Francis Kelliher and Hamilton Mclrmes for respondent.
   Order affirmed, with costs, payable out of the estate to the respondent State Tax Commission; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Ftxld, JJ.


text:
    Maria T. Ceva, Appellant, v. Albert Ceva, Respondent.
    Argued May 14, 1947;
    decided May 29, 1947.

      Irving M. Hartman for appellant.

      Ralph V. Grottola and Samuel Duker for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughkan, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Fulo, JJ. '


text:
    Prosperity Company, Inc., Appellant, v. American Laundry Machinery Company, Respondent.
    Argued May 14, 1947;
    decided May 29, 1947.

      Victor Levine for appellant.

      Basil B. Aylesioorth for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Thacher, Dye and Fuld, JJ. Taking no part: Lewis, J.


text:
    Alice A. Jackson, Appellant, v. Joseph Martin, Respondent.
    Argued May 15, 1947;
    decided May 29, 1947.

      William Dike Reed and Michael A. Hayes for appellant.

      George J. Conway and George A. Garvey for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lottghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ.


text:
    Rose S. Coler, an Infant, by Fannie S. Coler, Her Guardian ad Litem, Appellant, v. Eva W. Coler, Respondent, et al., Defendants. (Two Actions.)
    Submitted May 13, 1947;
    decided May 29, 1947.

      Manheim Rosenzweig and Sydney B. Schlessel for appellant. Herbert Baer Brill, Abraham Brill and Frank F. Bergenfeld for respondent.
   In each case judgment affirmed, with costs; no opinion. Question certified not answered.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    The People of the State of New York ex rel. Regent Construction Co., Appellant, against Harry B. Chambers et al., Constituting the Tax Commission of the City of New York, Respondents. [333 Seventh Ave., Borough of Manhattan.]
    Argued May 14, 1947;
    decided May 29, 1947.

      Sophia L. C. Batiistella for appellant.

      Charles E. Murphy, Corporation Counsel (Anthony Curreri, William F. Murphy and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


author: Per Curiam.

text:
    County of Westchester et al., Respondents, v. Department of Health of the City of New York et al., Appellants, et al., Defendants.
    Argued May 13, 1947;
    decided May 29, 1947.

      Charles E. Murphy, Corporation Counsel (W. Bernard Rich-land, Bernard Friedlander and Joseph J. Lucchi of counsel), for appellants.

      Harry Go Herman, County Attorney (Francis J. Morgan of counsel), for respondents.

      Marcus G. Christ, County Attorney (John J. Knob of counsel), for County of Nassau, amicus curies, in support of respondents’position.

      Henry Epstein and James M. Grossman for Sheffield Farms Company, Queensboro Farms Products, Inc., Middletown Milk & Cream Co., Inc., and Crowley’s Milk Company, Inc., defendants.

      Seward A. Miller for Dairymen’s League Co-operative Association, Inc., defendant.

      A. Donald MacKinnon for The Borden Company, defendant.
   Per Curiam.

In the courts below the motion for change of venue was properly denied and the motion for an injunction pendente lite was granted in the exercise of discretion. There was no abuse of discretion and, accordingly, the orders appealed from are affirmed, and all questions affecting the validity of regulation 2a of the Board of Health of the City of New York are reserved for consideration and determination upon a trial of the issues. The orders are affirmed, with costs and the question certified is answered in the affirmative.

Loughran, Ch J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ., concur.

Orders affirmed, etc.


text:
    Stephen A. Karas, Respondent, v. H. R. Laboratories, Inc., et al., Appellants.
    Argued May 14, 1947;
    decided May 29, 1947.

      John J. Dillon, William T. Gallagher and Rosiland Kramer for appellants.

      Monroe J. Gahn for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conwat, Desmond, Thachee, Dte and Fuld, JJ.


text:
    Samuel Friedman, Appellant and Respondent, v. Roseth Corporation et al., Respondents and Appellants.
    Argued May 13, 1847;
    decided May 29, 1947.

      Milton Kunen and Jack L. Ratzkin for plaintiff, -appellant and respondent.

      Daniel Kornblum, Murray A. Gordon, Benjamin D. Gold and M. J. Konnoson for defendants, respondents and appellants.
   Order.insofar as appealed from, and judgment appealed from, affirmed, without costs. Question certified answered in the affirmative. No opinion.

Concur: Lotxghran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ,


text:
    John W. Becker, Appellant, v. New Penn Development Corporation, Respondent. (Action No. 3.)
    Argued May 14, 1947;
    decided May 29, 1947.

      John W. Becker, in person, and George A. King for John W. Becker, appellant.

      William M. Wherry, W. Earle Costello and William Law Clay, Jr., for respondent.
   Judgment affirmed, with costs. No opinion.

Concur: . Loughran, Ch. J., Lewis, Conwat, Desmond, Thacher, Dye and Fund, JJ.


text:
    In the Matter of the Application of Theodore R. Carpenter as Substituted Trustee under the Will of J. Fairfield Carpenter, Deceased. American Surety Company of New York et al., Appellants and Respondents; Theodore R. Carpenter, Individually and as Substituted Successor Trustee, Respondents and Appellants; Ferris, Burgess, Hughes & Dorrance, Appellants, and Alice H. Carpenter, Individually and as Administratrix of the Estate of J. Fairfield Carpenter, 3d, et al., Respondents.
    Argued May 16, 1947;
    decided May 29, 1947.

      F. Walter Bliss, Alans on R. Fredericks, Warner M. Bouck, Margaret E. Bliss and George R. Crosby for American Surety Company, appellant and respondent.

      J. Theodore Cross, William J. Foley and Francis G. Steates for Theodore R. Carpenter, individually and as successor trustee, et al., respondents and appellants.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Thacher, Dye and Fuld, JJ. Taking no part, Lewis, J.


text:
    Pauline Haebler, as Agent of Louise V. H. Haebler, Respondent, v. Rosa B. R. Heintz et al., Appellants, et al., Defendants.
    Submitted May 13, 1947;
    decided May 29, 1947.

      Byro.n Clark and Richard H. Mitchell for Rosa B. R. Heintz, appellant.

      Jeremiah T. Mahoney for Amanda Gr. Siegel and Jeremiah T. Mahoney, appellants.

      Eugene A. Sherpick, John F. Condon, James J. Regan and Henry T. Holsapple for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loitghran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fttld, JJ.


text:
    In the Matter of St. Joseph’s Hospital, Respondent, against Harry A. Hillman, as Commissioner of Public Welfare of Chemung County, Appellant.
    Argued May 15, 1947;
    decided May 29, 1947.

      James E. Personius for appellant.

      John E. Sullivan for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lottghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fued, JJ.


text:
    The People of the State of New York ex rel. John Milton, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted May 12, 1947;
    decided May 29, 1947.

      Nathaniel L. Goldstein, Attorney-General (Irving I, Waaman of counsel), for motion.

      John Milton, in person, opposed.
   Motion denied.


text:
    Lois M. Toms, Respondent, v. Robert C. Toms, Appellant.
    (Appeals Nos. 1 and 2.)
    Submitted May 26, 1947;
    decided May 29, 1947.

      Frank J. Gregg, Jr., for motion.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    In the Matter of John A. Lyons, as Commissioner of Correction of the State of New York, Respondent, against Carlton A. Fisher [Successor to Hamilton Ward, Jr.], as Judge of the Erie County Court, Defendant, and Joseph Paterno, Appellant.
    Submitted May 26, 1947;
    decided May 29, 1947.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Emil L. Qahen of counsel), opposed.
   Motion dismissed unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    John Ballantyne, Jr., an Infant, by Mary H. Ballantyne, His Guardian ad Litem, Appellant, v. City of New York, Respondent.
    Submitted May 26, 1947;
    decided May 29, 1947.

      John J. McGinty and James 8. Painton for motion.

      Charles E. Murphy, Corporation Counsel (Seymour B. Quel and Stanley Buchsbaum of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    In the Matter of New York State Labor Relations Board, Respondent, against Bethlehem Steel Company et al., Appellants.
    Submitted May 26, 1947;
    decided May 29, 1947.
   Motion by appellants for reargument granted to the extent that reargument is ordered and case set down for reargument during the September, 1947, session. [See 295 N. Y. 601.]


text:
    Pearl Munzer, Appellant, v. Russell E. Blaisdell (Superintendent of Rockland State Hospital) et al., Respondents.
    Submitted May 26, 1947;
    decided May 29, 1947.
   Motion by appellant for reargument denied. [See 296 N. Y. 409.]


text:
    In the Matter of the Application of Michal Aksterowicz, as Administrator of the Estate of Peter Lakuto, Deceased, Respondent. Frances Satkowski et al., Appellants. (Two Proceedings.)
    Submitted May 26, 1947;
    decided May 29, 1947.

      Jacob Weissfeld for motion.

      Dinah R. Rosenblatt opposed.
   Motions granted and appeals dismissed upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    Jessie Buchanan et al., as Trustees of School District No. 3 of the Town of Salina, Respondents, v. Town of Salina, Appellant. E. Phillip Crowell et al., as Trustees of School District No. 6 of the Town of Salina, Respondents, v. Town of Salina, Appellant. Frank Keough et al., as Trustees of School District No. 11 of the Town of Dewitt, Respondents, v. Town of Dewitt, Appellant. Earl Bates, as Sole Trustee of School District No. 6 of the Town of Dewitt, Respondent, v. Town of Dewitt, Appellant.
    Argued April 9, 1947;
    decided July 2, 1947.

      James R. Skahen for ToAvn of Salina, appellant.

      A. Van W. Hancock for Town of Dewitt, appellant,

      Daniel F. Matth ews for respondents.
   Judgments affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Francis E. Banbury et al., Respondents, v. Serge Rubinstein et al., Appellants, et al., Defendants.
    Argued May 20, 1947;
    decided July 2, 1947.

      Isidor Wasservogel, George P. Ealperin, Edwin B. Wolchok and Frank L. Miller for appellants.

      Samuel Gottlieb and I. Gainsburg for respondents.
   Order affirmed, with costs. First question certified answered in the negative; second and third questions certified answered in the affirmative. No opinion.

Concur: Lottghran, Oh. J., Lewis, Conway, Desmond, Thaoher, Dye and Fttld, JJ.


text:
    Miss Susan, Inc., et al., Appellants and Respondents, v. Enterprise & Century Undergarment Co., Inc., Respondent and Appellant.
    Argued May 23, 1947;
    decided July 2, 1947.

      Irwin Isaacs and Edward Kurland for defendant-respondent-appellant.

      Milton N. Mound, Julius J. Abeson and Ira Schlusselberg for plaintiffs-appellants-respondents.
   Judgment affirmed, without costs; no opinion. [See 297 N. Y. 884.]

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Ralph A. Carouso, as President of Empire Case Goods Workers Union, Suing on Behalf of Himself and Others, Appellant and Respondent, v. Empire Case Goods Company, Appellant, and Sidney G. Rose, Doing Business under the Assumed Name of Empire Case Goods, Respondent.
    Submitted May 28, 1947;
    decided July 2, 1947.

      J. Bussell Bogerson for defendant-appellant.

      Bollin A. Fancher and Allison P. Olson for plaintiff, appellant and respondent.

      Ernest Cawcroft for defendant-respondent.
   Judgment affirmed, with costs to respondent Rose against Carouso and Empire Case Goods Company. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld, JJ.


text:
    Walter Scanlon, an Infant, by Elizabeth Scanlon, His Guardian ad Litem, et al., Respondents, v. Bernard Temple, Appellant.
    Argued May 29, 1947;
    decided July 2, 1947.

      Jamies G. Purdy and George S. Wing for appellant.

      Joseph C. Thomson and John J. McGinty for respondents.
   Judgments reversed and complaint dismissed, without costs on the ground there is no evidence of defendant’s negligence. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Thacher and Dye, JJ. Dissenting: Desmond and Fund, JJ.'


text:
    Carl G. Wooster, Appellant, v. C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Defendant, and New York State Guernsey Breeders Co-operative, Inc., Respondent.
    Reargued May 26, 1947;
    decided July 2, 1947.

      Joe Schapiro and Rowland L. Davis for appellant.

      Irving G. Eubbs and Merritt A. Switser for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loitghban, Ch. J., Lewis, Conway, Desmond. Thacheb, Dye and Ftjld, JJ.


text:
    In the Matter of the Arbitration between International Association of Machinists, District No. 15, Local No. 402, Appellant, and Cutler-Hammer, Inc., Respondent. In the Matter of the Arbitration between Cutler-Hammer, Inc., Respondent, and International Association of Machinists, District No. 15, Local No. 402, Appellant.
    Argued May 28, 1947;
    decided July 2, 1947.

      Abraham Fishbein and Jerome Y. Sturm for appellant.

      J. Edward Lumbard, Jr., and Paul J. Quinn for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Thacher, and Dye, JJ.; Ftjld, J., dissents in following memorandum in which Desmond, J., concurs.

A claim may be“ so unconscionable or a defense so frivolous ’ ’ as to justify the court in refusing to order the parties to proceed to arbitration (Matter of Wenger & Co. v. Propper Silk Hosiery Mills, 239 N. Y. 199, 202), but I do not so regard the claim here asserted. I have difficulty in concluding, as respondent urges, that reasonable men cannot differ as to the meaning of the provision in question. While I see that as a possible construction, I do not consider it the only one. It may well be argued, and in good faith, that in the light of surrounding circumstances and of experience in the industry, and, indeed, in this very business, respondent company agreed that a bonus would be paid — at least where the company’s business warranted — and that it would discuss with the employees the amount of payment, i.e., “ payment of a bonus ”.

If there is a possibility of such a construction, the court should not remove the controversy from the sphere of arbitratian, particularly "when the applicable arbitration clause — ‘1 If any dispute shall arise * * * as to meaning, performance, non-performance or application of the provisions of this agreement ” ■ — is so broad.

In short, I think that there is something to arbitrate, and the order should be reversed.


text:
    In the Matter of Michael J. Powers, Appellant, against Thomas F. Donohue et al., Constituting the Board of Elections of the County of Albany, Respondents.
    Argued July 2, 1947;
    decided July 2, 1947.

      Robert E. Whalen and Robert J. Laffin for appellant.

      Walter L. Collins, County Attorney (Frank Pedlow of counsel), for respondents.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Henry 8. Manley and Kent H. Brown of counsel), appearing, pursuant to section 68 of the Executive Law, in support of the constitutionality of chapter 432 of the Laws of 1947.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conwat, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of Raymond C. Ingersoll, Appellant, against Thomas J. Curran, Secretary of the State of New York, Respondent.
    Argued July 2, 1947;
    decided July 2, 1947.

      Samuel M. Blinken and Hyman N. Glickstein for appellant.

      John Braun, Matthew M. Levy and Benjamin Gassman for the Liberal Party, amicus curia, in support of respondent’s position.

      Leonard M. Lake for National Lawyers Guild, amicus curia, in support of appellant’s position. 1

      Samuel D. Smoleff for The Citizens Union of the City of New York, amicus curia, in support of appellant’s position.

      Walter M. Weis and Albert S. Bard for The City Club of New York, amicus curia, in support of appellant’s position.

      Paxton Blair and Louis J. Lefkowits for The New York Republican State Committee, amicus curia, in support of respondent’s position.

      Nathaniel L. Goldstein, Attorney-General (Henry S. Manley, Wendell P. Brown and Kent H. Brown of counsel), for respondent.
   Order affirmed, without costs-; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    In the Matter of Raymond C. Ingersoll, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued July 2, 1947;
    decided July 2, 1947.

      Hyman N. Glickstein, Samuel M. Blinken and Sidney Fox for appellant.

      Charles E. Murphy, Corporation Counsel (Bussell L. Tarbox of counsel), for William J. Heifernan and others, constituting the Board of Elections of the City of New York, respondents.

      Jacob Markowitz, George Gordon Battle, Irving Mariash, Edward J. Ennis and Abraham Rotwein for William Croker, objector, respondent.

      Louis J. Lefkowitz and Paxton Blair for The New York Republican County' Committee, amicus curios, in support of respondents’ position.

      John Braun, Matthew M. Levy and Benjamin Gassman for the Liberal Party, amicus curios, in support of respondents’ position.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of I. Philip Sipser, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued July 2, 1947;
    decided July 2, 1947.

      Joseph J. Macaluso for appellant.

      John P. McGrath for objectors, respondents.
   Order affirmed, without costs; no opinion.

Concur : Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld, JJ.


text:
    Rose M. Binon, Suing on Behalf of Herself and All Other Stockholders of Rosemarie de Paris, Inc., Similarly Situated, Plaintiff-Respondent, and also on Behalf of Rosemarie de Paris, Inc., Defendant-Appellant, and Also on Behalf of Binon Chocolates, Inc., Defendant-Appellant, et al., Defendants, v. Rene Boel, Appellant, et al., Defendants.
    Argued April 8, 1947;
    decided July 2, 1947.

      Charles H. Tuttle, William J. Quinn, John B. Brook and' Gerald J. Craugh for appellants.

      Leo T. Kissam and Abraham Hornstein for respondent.
   On the appeal of the defendant Rosemarie de Paris, Inc., from the order dismissing its counterclaim: Order affirmed, with costs, and questions certified answered in the negative. On the appeal of the defendant Binon Ohococlates, Inc., from the order dismissing its counterclaim: Order affirmed, with costs, and questions certified answered in the negative. On the appeal of the defendant Rosemarie de Paris, Inc., from the order denying the motion to dismiss the third cause of action: Appeal dismissed, with costs, on the ground that the defendant Rosemarie de Paris, Inc., is not a party aggrieved- by the order. On the appeal of the defendant Rene Boel from the order denying the motion to dismiss the third cause of action: Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Helene Kreiger, Respondent, v. Louis Kreiger, Appellant.
    Argued May 15, 1947;
    decided July 2, 1947.

      Jacob J. Babinowits and Edward 8. Joseph for appellant.

      Moss K. Schende and Charles Bothenberg for respondent.
   Judgment affirmed, with costs, on the authority of Estin v. Estin (296 N. Y. 308). No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of the Claim of Elsie H. Edwards, Appellant, against International Telephone & Radio Co. et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued May 19, 1947;
    decided July 2, 1947.

      Emil K. Ellis and Abraham J. Heller for appellant.
    • John W. Manning and Phillip J. Landry, Jr., for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond. Thacher, Dye and Ftjld, JJ.


text:
    City of New Rochelle, Appellant, v. Alice Stevens, as Administratrix with the Will Annexed of the Estate of Charles G. Banks, Deceased, Respondent.
    Argued May 20, 1947;
    decided July 2, 1947.

      Aaron Simmons for appellant.

      Lyle Evans Mahan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoheb, Dye and Fuld, JJ.


text:
    Herman C. Jongebloed, as Administrator of the Estates of Kathryn Jongebloed, Robert Jongebloed and Elaine Jongebloed, Deceased, Appellant, v. Erie Railroad Company, Respondent.
    Argued May 22, 1947;
    decided July 2, 1947.

      Arthur A. Beaudry for appellant.

      William H. Timbers, William B. Meagher and Cleveland C. Cory for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J.,' Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of the Accounting of Bankers Trust Company, as Substituted Trustee under the Will of Moritz Cohn, Deceased, Respondent. Robert H. J. Leatt, Respondent; Elise Weisenfeld et al., Appellants.
    Argued May 26, 1947;
    decided July 2, 1947.

      Aim M. Strooch, Morton L. Deitch and Martin N. Whyman for James L. Frank and Maurice G-. Frank, appellants.

      Philip Halpern and Louis Hartmann for LeRoy Klopfer, Amy Klopfer Jacobson and Louis Loeb, appellants.

      Edgar Loew, Jeróme I. Hyman and Stmleigh P. Friedman for Henry Alfred Leatt, appellant.

      Milton L. Rosenberg for Elise Weisenfeld and Julia Krauss, appellants.

      Leonard M. Wallstein, Jr., and Leonard M. Wallstein for Bankers Trust Company, as substituted trustee, respondent. .

      Saul E. Rogers and Sol Ringel for Robert Henry Joseph Leatt, respondent.
   Order affirmed, with costs to the respondent Robert Henry Joseph Leatt (the adopted son) payable out of the fund; no opinion.

Concur: Loughkan, Ch. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Taking no part: Fuld, J.


text:
    The People of the State of New York, Respondent, v. Webster Daniel, Appellant.
    Argued May 28, 1947;
    decided July 2, 1947.

      James D. C. Murray and Daniel Kirchman for appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp and Sylvia Jaffin Singer of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

■ Concur: Loughkan, Ch. J., Lewis, Conway, Desmond, TwinHBRj Dye and Fuld, JJ.


text:
    Ethel M. Atkinson, Individually and on Behalf of Other Stockholders of McCabe Hanger Manufacturing Company, Similarly Situated, Appellant, v. McCabe Hanger Manufacturing Company et al., Respondents.
    Argued May 22, 1947;
    decided July 2, 1947.

      Israel Siegel and George E. Branch for appellant.

      Orrin G. Judd and Saul A. Shames for J. Newcomb Blackman, respondent.

      Samuel Shapiro for Consolidated Products Co., Inc., and Bernard Magrill, respondents.

      Harold B. Medina, Jr., for Stoughton P. Cross, respondent.

      George J. Began for Laura M. French, respondent.

      Leonard M. Lake for Charles H. Lipsett, respondent.
   Judgment affirmed, with costs; no opinion.

Concur:' Lottghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of Sibyl Winternitz et al., Respondents, against Ferdinand Q. Morton et al., Constituting the Municipal Civil Service Commission of the City of New York, et al., Appellants.
    Argued July 2, 1947;
    decided July 2, 1947.

      Charles E. Murphy, Corporation Counsel (Seymour B. Quel, David M. Fuchs and Frank A. Piazza of counsel), for appellants.

      E. Eliot Kaplan for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacher., Dye and Fuld, JJ.


text:
    Harry Adler, Appellant, v. Long Island Railroad Company et al., Respondents.
    Argued May 13, 1947;
    decided July 2, 1947.

      Harold Flatto and Willimn Flatto for appellant.
    • Frederick Mellor, John G, Martin and William Butler for respondents.
   As to the defendant Long Island Bailroad Company, judgment affirmed, with costs. Concur: Lewis, Thagher, Dye and Fuld, JJ. Dissent: Lohghran, Ch. J., Conway and Desmond, JJ. ,

As to the defendant Tully & Di Napoli, Inc., judgments reversed and a new trial granted, with costs to abide the event. Concur: Lohghran, Ch. J., Lewis, Conway, Desmond, Thagher and Furo, JJ. Dye, J., dissents and votes to affirm on the ground there is no common-law liability of this defendant under the authority of Moore v. Wills, Inc. (250 N. Y. 426) and Iacono v. Frank & Frank Contracting Co. (259 N. Y. 377).

A majority of the court is of opinion that subdivision 7 of section 241 of the Labor Law has no application to either defendant in the circumstances of this case. .A majority of the court is of opinion that there was evidence of common-law negligence proper to be submitted to the jury as against the defendant Tully & Di Napoli, Inc.


text:
    Edward S. Greenbaum, 2d, et al., Appellants, v. Tiltz Air Conditioning Corp., Respondent.
    Argued May 20, 1947;
    decided July 2, 1947.

      Lawrence 8. Oreenbaum, Jerome Handler and Theodore 8. Jaffin for appellants.

      Walter L. Olenney for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    John Hopkins et al., Appellants and Respondents, et al., Plaintiffs, v. Vita Food Products, Inc., Defendant, and National Grocery Company, Respondent and Appellant.
    Argued May 22, 1947;
    decided July 2, 1947.

      A. Harold Frost and Bernard JenTcin for plaintiffs, appellants and respondents.

      William L. Shumate for defendant, respondent and appellant.
   Judgment modified by reversing so much thereof as permits recovery of $2,000 to plaintiff Addie Hopkins, and, as so modified, affirmed upon the ground that the evidence establishes that plaintiff wife was agent for plaintiff husband in purchasing the crab meat for the family and that, consequently, under the applicable law of New Jersey, the latter was the purchaser to whom alone the implied warranty of fitness runs. (See Stave v. Giant Food Arcade, 125 N. J. L. 512; Schlosser v. Goldberg, 123 N. J. L. 470; Auten v. Johnston, 115 N. J. L. 71, 75-76. See, also, Gimenez v. Great Atlantic & Pacific Tea Co., 264 N. Y. 390; Gearing v. Berkson, 223 Mass. 257; Hazelton v. First Nat. Stores, Inc., 88 N. H. 409.)

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Sam Weiss, Appellant.
    Argued May 26, 1947;
    decided July 2, 1947.

      Jacob J. Kramer, Irving I. Dolowich and Jay 0. Kramer for appellant.

      Frank 8. Hogan, District Attorney (Harold Boland Shapiro and Whitman Knapp of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Rosanna Nicholson, as Administratrix of the Estate of Charles G. Nicholson, Deceased, Appellant, et al., Plaintiffs, v. City of New York et al., Defendants, and New York & Queens Electric Light and Power Company, Respondent.
    Argued May 27, 1947;
    decided July 2, 1947.

      Edmond B. Butler, Morris Zweibel and Robert X. Kusmier for appellant.

      John M. Keegan, Thomas H. Beardsley and John D. Gray for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of the Claim of John Mullins, Respondent, against Atlantic Basin Iron Works et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted May 28, 1947;
    decided July 2, 1947.

      Jeremiah F. Connor for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polansky of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lottghban, Oh. J., Lewis, Conway, Desmond, Thacheb, Dye and Fulo, JJ.


text:
    In the Matter of George Watinsky et al., Appellants, against John F. O’Connell et al., Individually and as Members of the State Liquor Authority, et al., Respondents.
    Argued May 29, 1947;
    decided July 2, 1947.

      Monroe 1. Katcher, 2d, for appellants.

      John Di Leonardo and Alvin McKinley Sylvester for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conwat, Desmoto, Thacher, Dye and Fuld, JJ.


text:
    Yetta Kokofsky et al., Respondents, v. City of New York, Appellant.
    Argued May 19, 1946;
    decided July 2, 1947.

      Charles E. Murphy, Corporation Counsel (Seymour B. Quel and David M. Fuchs of counsel), for appellant.

      Samuel Spevack, Bernard Meyerson and Samuel W. Held for respondents.
   Judgments reversed and complaint dismissed, with costs in all courts, on the ground there was no evidence of negligence by the defendant. No opinion.

Concur: Loughban, Ch. J., Lewis, Thacheb and Dye, JJ. Dissenting: Conway, Desmond and Fuld, JJ.


text:
    Albans Holding Corporation et al., Appellants, v. Solomon Blum et al., Respondents.
    Argued May 21, 1947;
    decided July 2, 1947.

      Arthur Morris and Abraham Lillienthal for appellants.

      Joseph G. Blum for Solomon Blum, Jacob Jolles and Benjamin Kliegman, respondents.

      Raphael H. Weissman and Hillard Pollack for Samuel Nathan, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lottghban, Ch. J., , Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    In the Matter of the Petition of Rose Eitingon. In the Matter of the Accounting of Motty Eitingon et al., as Surviving Trustees of a Trust for Rose Eitingon. Motty Eitingon et al., Individually and as Executors and Trustees under the Will of Waldemar Eitingon, Deceased, et al., Appellants; Rose Eitingon, Now Known as Rose Eitingon Field, et al., Respondents.
    Argued May 22, 1947;
    decided July 2, 1947.

      Monroe Goldwater, George P. Halperin, Daniel Katz and Eugene V. Weissman for Motty Eitingon and another, individually, etc., appellants.

      Arthur Garfield Hays and James B. Cherry for Motty Eitingon and another, as executors of Solomon Schild, deceased, appellants.

      Kenneth J. Mullane and William T. Griffin for Rose Eitingon Field, respondent.

      Morris J. Bricher and Samuel Levy, Special Guardians for Joan Goldstein, and another, respondent.
   Order affirmed, with costs to respondents payable out of the estate. Questions certified answered in the negative. No opinion.

Concur; Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    The People of the State of New York ex rel. " Anonymous ”, Appellant, against Rebecca Talbot Perkins Adoption Society, Inc., et al., Respondents.
    Argued May 28, 1947;
    decided July 2, 1947.

      Murray J. Perelstein and Irving Perelstein for appellant.

      Benjamin C. Ribman, Myron M. Fineman and Horace M. Cohen for respondents.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Joanne Hurley, by Michael Hurley, Her Guardian ad Litem, Appellant, v. Georgian Bay Lumber Co., Inc., et al., Respondents. (Action No. 1.) Michael Hurley, Appellant, v. Georgian Bay Lumber Co., Inc., et al., Respondents. (Action No. 2.)
    Argued May 28, 1947;
    decided July 2, 1947.

      M. Maurice Chacchia for appellants.

      James M. Ryan for respondents.
   Judgments affirmed, with one bill of costs; no opinion.

Concur: Loughran, Cli. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Henry Margulies et al., Respondents, v. Lester J. Denner, Doing Business as De Mar Transfer Co., et al., Defendants; Standard Oil Company of New Jersey, Appellant, and Westvaco Chlorine Products Corp., Appellant and Respondent.
    Argued May 20, 1947;
    decided July 2, 1947.

      George A. Garvey and James I. McGuire for Standard Oil Company of New Jersey, appellant.

      Harold B. Medina, James J. Began and George J. Stacy for Westvaco Chlorine Products Corp., appellant-respondent.

      Louis L. Friedman and Benjamin Heller for Henry Margulies, Juliet Belsito, Anna Bogner and Philip Bogner, plaintiffs-respondents.

      Benjamin Heller, Bernard Filen, Joshua S. Lev and Sol H. Glaubman for Sam Novik, Joseph Abrahams and Jennie Sclar, plaintiffs-respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ.


text:
    The People of the State of New York, Respondent, v. Robert E. Hodgson, Appellant.
    Argued May 21, 1947;
    decided July 2, 1947.

      Latvrence Kovalsky and David Goldstein for appellant.

      Frank 8. Kogan, District Attorney (Richard Q. Denser and Whitman Knapp of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld,' JJ.


text:
    In the Matter of the Probate of the Will of Wallace B. Hewett, Deceased. Roma E. Hewett et al., Appellants; Maida H. Perkins, Respondent.
    Argued May 23, 1947;
    decided July 2, 1947.

      Willard B. Pratt and James M. O’Hara for appellants.

      Gilbert B. Hughes for respondent.
   Order affirmed, without costs; ao opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Joseph Ernst, Appellant and Respondent, v. Albert Schaack et al., Respondents and Appellants.
    Argued May 28, 1947;
    decided July 2, 1947.

      M. Benjamin Baron for plaintiff, appellant and respondent.

      John F. Middlemiss for defendants, respondents and appellants.
   Judgment affirmed, without costs; no opinion.

Concur: Lotjghkan, Ch. J., Lewis, Coswat, Desmond, Thacheb, Dye and Fimo, JJ,


text:
    Wolf J. Overhamm, Trading under the Name of Parfums Hartnell Distributors, Appellant and Respondent, v. Evelyn Westall, Individually and Doing Business under the Name of Evelyn Westall Company, et al., Respondents and Appellants.
    Submitted May 29, 1947;
    appeals withdrawn July 2, 1947.

      Bernard Herslikopf and Myron J. Greene for plaintiff, appellant and respondent.

      Donald I. Peyser and Otto G. Sommerich for defendants, respondents and appellants.
   Appeals withdrawn on stipulation.


text:
    Alphonse Malkowski, an Infant, by Frank Malkowski, His Guardian ad Litem, et al., Appellants, v. Cataldo Diasparra et al., Respondents.
    Argued May 15, 1947;
    decided July 2, 1947.

      Bernard Meyer son and Frank A. Jablonka for appellants.

      Barant L. Visscher, Joseph 8. McCann and Wilfreda B. Stone for respondents.
   Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate 'Division, upon the ground that it was properly left to the jury to determine whether, at the time of the injuries sustained by the infant plaintiff by reason of the alleged negligence of Cataldo Diasparra in operating an automobile, the relation between them was that of master and servant or operator and passenger. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Edward Mayer, Appellant, v. Joseph Weiss, Respondent.
    Argued May 19, 1947;
    decided July 2, 1947.

      Henry L. Redner for appellant.

      Lloyd L. Rosenthal for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of the Claim of Angeline Szuba, Claimant, against George Laub’s Sons et al., Respondents. Workmen’s Compensation Board, Appellant.
    Argued May 21, 1947;
    decided July 2, 1947.

      Nathaniel L. Goldstein, Attorney-General {Boy Wiedersum and Gilbert M. Landy of counsel), for appellant.

      Morgan F. Biss elle and Warren G. Tucker for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lotjghran, Oh. J., Lewis, Conway, Desmond, Thaohee, Dye and Ftjld, JJ.


text:
    The People of the State of New York, Respondent, v. Rocco Taurisano, Appellant.
    Argued May 22, 1947;
    decided July 2, 1947.

      Willard B. Pratt and Boceo Taurisano, in person, for Rocco Taurisano, appellant.

      Earle C. Bastow, District Attorney, for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of Walter E. Hammond, Appellant, against Lazarus Joseph, as Comptroller of the City of New York, Respondent.
    Argued May 27, 1947;
    decided July 2, 1947.

      Milton L. Rosenberg for appellant.

      Charles E. Murphy, Corporation Counsel (Pauline K. Berger and Seymour B. Quel of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Taking no part: Fuld, J.


text:
    The People of the State of New York, Respondent, v. Huriel Vitolo, Appellant.
    Argued May 28, 1947;
    decided July 2, 1947.

      Henry A. Lowenberg for appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp, Richard Qt. Denser and Frederick J. Ludwig of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ„


text:
    In the Matter of John F. Huber et al., Appellants, against John F. O’Connell et al., Constituting the State Liquor Authority et al., Respondents.
    Submitted May 28, 1947;
    decided July 2, 1947.

      Edmund P. Badwan for appellants.

      Alvin McKinley Sylvester for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    City of Long Beach, Respondent, v. Lu Vina Madden, Appellant, et al., Defendants.
    Submitted May 12, 1947;
    decided July 2, 1947.

      Theodore T. Baylor for motions.

      Nelson K. Scherer, Corporation Counsel (Bernard M. Bailey of counsel), opposed.
   Motion for leave to appeal dismissed, with costs, upon the ground that the motion in the Appellate Division for leave to appeal to this court was not timely made. Motion for leave to amend motion papers denied.


text:
    Mary Reiss, Appellant, et al., Plaintiffs, v. Louis Ushkow, Respondent.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Jacob W. Friedman and Murray T. Feiden for motion.
    2. 2. Brown and E. C. Sherwood opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    Morris W. Taub et al., Respondents, v. Josephine G. Braun, Appellant.
    Submitted July 2, 1947;
    decided July 2, 1947.

      John O’Brien for motion.

      Joseph M. Schwarts opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Florence H. Rector, Respondent, v. First Trust & Deposit Company, as Executor of John E. Rector, Deceased, Appellant.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Barton G. Meays for motion.

      Albert Orenstein opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    Charles Franklin, Appellant, v. Theodore S. Watson et al., Respondents. Charles Franklin, Appellant, v. Equitable Life Assurance Society of the United States, Respondent. Charles Franklin, Appellant, v. Alta R. Prentice, Respondent.
    Submitted July 2, 1947;
    decided July 2, 1947.

      John 8. Chapman, Jr., Eugene T. O’Neill, Valentine A. Meehan, Leo D. Fitzgerald and A. Donald MacKinnon for motions.

      John B. Doyle, Frederic A. Johnson and Charles Franldin opposed.
   Motions granted and appeals dismissed, with costs and $10 costs of motions, on the ground that no substantial constitutional question is involved.


text:
    Mary Kittelman, as Administratrix of the State of Walter Kittelman, Deceased, Appellant, v. Walter Kidde & Company, Inc., et al., Defendants, and Meseck Towing Lines, Inc., Respondent.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Leo F. Hanan opposed.
   ■ Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, an affidavit stating the date when a copy of the order of the Appellate Division denying permission to appeal was served upon petitioner, and all papers required by rule 21- (subd. [bj) of the Rules of the Court of Appeals are filed,


text:
    Rose Allocco, Respondent, v. Rocco Rainone et al., Appellants.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Sidney 0. Raphael, Herbert Lasky and Lawrence H. King for motion.

      Walter J. A. Mack opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    In the Matter of the Accounting of Teresa M. Caidin, as Committee of Reuben Caidin, an Incompetent. James A. Kemper, as Committee of the Estate of Reuben Caidin, an Incompetent, et al., Appellants; Parker & Duryee et al., Respondents.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Reuben Caidin, in person, for motion.

      Vincent J. Malone opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Abraham Myer et al., Judgment-Creditors-Respondents, against Jerome Myer et al., as Trustees for Julius Myer under a Trust Indenture, Dated April 21, 1942, Judgment-Debtors-Appellants, and Bernard Myer, Individually, Appellant.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Jay Leo Rothschild for motions.

      Abraham J. Halprin and Sidney Rt Rossiter opposed.
   Motion for leave to appeal dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution. Motion for stay denied.


text:
    In the Matter of Herman Friedel, Respondent, against The Board of Regents of the University of the State of New York, Appellant.
    Submitted July 2, 1947;
    decided July 2, 1947.
   Motion by respondent to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by striking therefrom the award of costs. [See 296 N. Y. 347.]


text:
    In the Matter of the Port of New York Authority, Petitioner, to Acquire Title to Lands in the Borough of Manhattan, for the Construction of Port Authority Union Terminal Freight Station No. 2. Woodbury G. Langdon Company, Inc., et al., Defendants; Louis Markus, Appellant; Horni Signal Manufacturing Corporation, Debtor in Reorganization, et al., Respondents.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Charles Lamb, William A. Lamb and Martin Kingsley for motion.

      Truman E. Luhrman opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, on the ground that it was not made within the time prescribed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Arnold Heller, Respondent, v. Inter-American Business Company, S. A., Appellant.
    Submitted July 2, 1947;
    decided July 2, 1947.

      I. Maurice Wormser and Edward J. Fontana for motion. Otto A. Samuels opposed.
   Motion dismissed, with costs, upon the ground that the motion in the Appellate Division for leave to appeal to this court was not timely made.


text:
    Isidore Glauberman, Appellant, v. University Place Apartments, Inc., Respondent.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Jacob W. Friedman and Isidore Glauberman, in person, for motion.-

      Leslie Lester opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    In the Matter of the Probate of the Will of Christina Braune, Deceased. Arthur G. Muskopf et al., Appellants. Edwin C. Muskopf, Respondent.
    Submitted July 2, 1947;
    decided July 2, 1947.

      Charles J. Wick for motion.

      Abraham Wittmcm opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    The People of the State of New York, Respondent, v. William J. Thomas, Appellant.
    Submitted July 2, 1947;
    decided July 2, 1947.
   Motion by appellant for reargument denied and stay vacated. [See 296 N. Y. 1018.]


text:
    In the Matter of H. L. Green Co., Inc., Appellant and Respondent, against Lazarus Joseph, as Comptroller of the City of New York, Respondent and Appellant.
    Argued May 27, 1947;
    decided July 2, 1947.

      Sol Charles Levine, Sidney H. Levine and Joseph M. Godman for p etitioner-appellant-resp ondent.

      Charles E. Murphy, Corporation Counsel (Isaac C. Donner, Seymour B. Quel and Bernard E. Sherris of counsel), for defendant-respondent-appellant.
   Order of Appellate Division modified -by eliminating the provision as to interest and as so modified, affirmed, without costs. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thachbb, Dye and Fuld, JJ.


text:
    In the Matter of Grace E. Connolly, Appellant, against Milton L. Burns, as Treasurer of Suffolk County, Respondent.
    Submitted July 2, 1947;
    decided October 2, 1947.

      Eugene B. Hurley for motion.

      Edgar F. Hazelton and John A. O’Keeffe opposed.
   Motion for leave to appeal dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    City of New Rochelle, Respondent, v. 711 Corporation, Appellant.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Sidney S. Levine for motion.

      Aaron Simmons, Corporation Counsel (Murray C. Fuerst of counsel), opposed.
   Motion denied, with $10 costs and necessary printing disbursements on the ground that an appeal lies as of right.


text:
    Florence H. Rector, Respondent, v. First Trust and Deposit Company, as Executor of John E. Rector, Deceased, Appellant.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Albert Orenstein opposed.
   Motion denied, with $10 costs and necessary printing disbursements on the ground that an appeal lies as of right.


text:
    Edward Lazansky et al., as Copartners Practicing Law under the Name of Lazansky, Callaghan and Stout, Respondents, v. John M. Aufiero, Appellant.
    Submitted September 29, 1947;
    decided October 2, 1947.

      William Walzer and Daniel E. Walzer for motion.

      Edward LazansJcy, Horace F. Callaghan and Ralph Stout opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, .unless within fifteen days all papers required by, rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    Anthony Vanilla, Appellant, v. Frederick A. Moran et al., as Members of the Board of Parole of the State of New York, et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Abraham J. Gellinoff and E. Stewart Jones for motion.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Irving I. Wairman of. counsel), opposed.
   Motion for leave to appeal dismissed, with $10 costs and necessary printing disbursements without prejudice to a renewal thereof if and when a judgment has been entered upon the order of the Appellate Division and all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed with the Clerk.


text:
    In the Matter of the Claim of Marie Branciforte, Respondent, against H. Kohnstamm & Company et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Anthony P. Halter for motion.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Daniel Polanshy of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless within fifteen days all papers required.by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    In the Matter of a Plan by Mortgage Commission of the State of New York with Respect to a Mortgage Covering Premises 8718 Ridge Boulevard, Borough of Brooklyn, Guaranteed by Lawyers Mortgage Company. (Mortgage No. 200,643.) Robert E. Dineen, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Mortgage Company, Respondent. Brooklyn Trust Company, as Trustee under a Declaration of Trust Dated the 21st Day of November, 1938, Appellant, et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Stanley S. Hawkes for motion.

      Thomas D. Austin, Gertrude D. H. Perlman and J. Francis Lynch opposed.
   Motion denied, with $10 costs and necessary printing disbursements on the ground an appeal lies as of right.


text:
    In the Matter of the Adoption of Arlene S. Meersand, an Infant. Emil Meersand, Appellant; Mark Meersand et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Milton B. Knox for motion.

      Arthur J. Harvey opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Morris S. Greenbaum, Respondent, v. Baywood Homes, Inc., Appellant, et al., Defendants.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Charles Snow opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, without prejudice to a renewal thereof if and when a judgment has been entered upon the order of the Appellate Division and all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed with the Clerk.


text:
    In the Matter of the Accounting of T. Calam Lawrence, as Administrator C. T. A. of the Estate of Sarah E. Lawrence, Deceased. Ralph S. Kent, Special Guardian, et al., Appellants; T. Calam Lawrence, Individually and as Administrator C. T. A. of the Estate of Sarah E. Lawrence, Deceased, et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.

      William J. Da/wley, R. Elliott Davis and Thomas E. White for motion.

      Ralph 8. Kent, Malcolm Wilson and Edward J. Ereeman opposed.
   Motions granted and appeal dismissed, with costs and $10 costs of motion.


text:
    The People of the State of New York ex rel. Alphonse L. Harrison, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Alphonse L. Harrison,, in person, for motion.
    No one opposed.
   Motion denied on the ground an appeal lies as of right.


text:
    Alphonse Malkowski, an Infant, by Frank Malkowski, His Guardian ad Litem, et al., Appellants, v. Cataldo Diasparra et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.
   Motion by respondents for reargument denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 568.]


text:
    In the Matter of Albert Ackalitis, Appellant, against James Garrett Wallace, a Justice of the Court of General Sessions of the County of New York, Respondent.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Frank S. Hogam, District Attorney (Whitman Knapp of counsel), for motion.

      Albert Ackalitis, petitioner, in person.
   Motion to dismiss appeal granted and appeal dismissed, without costs, on the ground that the question sought to be presented has become academic.


text:
    In the Matter of the Probate of the Will of Richard M. Schell, Deceased. Alice S. Porcher, Appellant; Bank of New York et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Thomas B. Fenlon for motion.

      Glenn L. Buch opposed.
   Motion to dismiss appeal granted and appeal dismissed, with costs, and $10 costs of motion upon the ground that the order does not finally determine the preceeding within the meaning of the Constitution.


text:
    In the Matter of the Estate of Carrie Ahrens, Deceased. Ethel M. Ahrens, as General Guardian of Jerome M. Ahrens, an Infant, Appellant and Respondent; Mortimer Regensburg et al., as Executors and Trustees, Respondents and Appellants.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Ambrose V. McCall for motion.

      James N. Vaughan opposed.
   Motions to dismiss appeals granted and appeals dismissed, without costs.


text:
    The People of the State of New York, Respondent, v. Huriel Vitolo, Appellant.
    Submitted September 29, 1947;
    decided October 2, 1947.
   Motion by appellant for reargument denied. [See 297 N. Y. 575.]


text:
    The People of the State of New York ex rel. Michael Julian, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Michael in person, for motion.
    No one opposed.
   Motion for leave to appeal and to have appeal heard as a poor person on handwritten papers dismissed upon the ground it was not made in time.


text:
    In the Matter of Michael Pichacz et al., Appellants, against John F. O'Connell et al., Constituting the State Liquor Authority, Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Alvin McKinley Sylvester for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days appellants file the required undertaking on appeal and pay $10 costs, in which event the motion is denied.


text:
    Albert Brown, Respondent v. Manshul Realty Corporation, Appellant.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Jacquin Frank for motion.

      Samuel E. Swiggett opposed.
   Motion to dismiss appeal granted and appeal dismissed, with costs, and $10 costs of motion.


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney, Respondent, et al., Defendants.
    Submitted September 29, 1947;
    decided October 2, 1947.

      Joseph Apfel for motion.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, without prejudice to a renewal thereof if and when a judgment has been entered upon the order of the Appellate Division and all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed with the Clerk.


text:
    Herman C. Jongebloed, as Administrator of the Estates of Kathryn Jongebloed et al., Deceased, Appellant, v. Erie Railroad Company, Respondent.
    Submitted September 29, 1947;
    decided October 2, 1947.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 534.]


text:
    Bernard Abrams et al., on Behalf of Themselves and All Other Stockholders of Remington Rand Inc., Similarly Situated, Appellants, v. Theodore F. Allen et al., Defendants, and Loring R. Hoover et al., Respondents.
    Submitted September 29, 1947;
    decided October 2, 1947.
   Motion by defendants-respondents for reargnment denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 52.]


text:
    The People of the State of New York, Respondent, v. Walter Kulick, Appellant.
    Submitted September 29,1947;
    decided October 9, 1947.

      Benjamin J. Jacobson for appellant.

      Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Gh. J., Lewis, Desmond and Dye, JJ.; Conway, Thacheb and Fttud, JJ., dissent upon the ground that the evidence did not warrant a finding of guilt of the defendant beyond a reasonable doubt.


text:
    Herbert Richards, Respondent, v. Lawrence Robert Corporation, Appellant.
    Argued October 1, 1947;
    decided October 9, 1947.

      Joseph F. Murray, Lyman A, Spalding and James A. Doherty for appellant.

      M. Elliott Gordon and Louis Feuerman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thachkb, Dyi and Fuld, JJ.


text:
    In the Matter of Thomas F. Finn et al., Appellants, against John F. O’Connell et al., Individually and as Members of State Liquor Authority, Respondents.
    Argued September 30, 1947;
    decided October 9, 1947.

      Benjamin Bubenstein and Otto Gottlieb for appellants.

      Alvin McKinley Sylvester for respondents.
   Order affirmed, with costs; no opinion.

Concur; Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld, JJ.


text:
    Lois M. Toms, Respondent, v. Robert C. Toms, Appellant.
    (Appeals Nos. 1 and 2.)
    Argued September 30, 1947;
    decided October 9, 1947.

      Frank J. Gregg, Jr., for appellant.

      Paul B. Shannon and B. J. Shanahan for respondent.
   In the first action, appeal dismissed, with costs, upon the ground that no substantial constitutional question is involved.

In the second action, appeal dismissed, with costs, upon the ground that no substantial constitutional question is involved.

Concur: Loughean, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    In the Matter of Relmar Operating Corporation, Appellant. Isidore R. Roffer et al., Doing Business under the Name of Olive Coat Company, Respondents.
    Argued September 30, 1947;
    decided October 9, 1947.

      Morway Picket for appellant.

      Alexander Rothstein, Samuel Friedman and Frederick L. Hackenburg, Jr., for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    United Mutual Fire Insurance Company et al., Respondents, v. Anthony Saeli, Appellant.
    Argued September 30, 1947;
    decided October 9, 1947.

      James M. By cun for appellant.

      Stephen V. Lines for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ,


text:
    In the Matter of the Accounting of Peoples National Bank of Brooklyn, as Executor of Louise M. Rollins, Deceased, Respondent. Louise T. Lazell et al., Appellants; Elsie Rollins et al., Respondents.
    Argued September 29, 1947;
    decided October 9, 1947.

      Gordon M. Lipets for appellants.

      Alfred J. Loew and Jerome Weinstein for Elsie Rollins and Ethel Rollins Shanks, respondents.

      Seth A. Hubbard for Karl B. Rollins,' respondent.

      Wilmot Y. Hallock for Peoples National Bank of Brooklyn, respondent.
   Order aErmed, with costs to all parties appearing separately and filing briefs payable out of the estate. No opinion.

Concur: Lotjghkan, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Allen Properties, Inc., Respondent, v. Fenton R. Brydle et al., Appellants.
    Submitted September 29, 1947;
    decided October 9, 1947.

      John M. Greene and Harold Ashare for motion.

      Guy 0. Walser opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    Staten Island Edison Corporation, Respondent, v. Milo R. Maltbie et al., Individually and Constituting the Public Service Commission of the State of New York, Appellants.
    Submitted September 29, 1947;
    decided October 9, 1947.
   Motion by appellants for reargument, for clarification of opinion and for amendment of remittitur and motion by Attorney-General to intervene, for reargument, and to be heard orally on the argument, denied, with $10 costs and necessary printing disbursements. [See 296 N. Y. 374.]


text:
    Frank May, Appellant, v. Thomas T. McVann et al., Respondents.
    Submitted September 29, 1947;
    decided October 9, 1947.

      Robert E. Barnes opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, without prejudice to a renewal thereof if and when a judgment has been entered upon the order of the Appellate Division and all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed with the Clerk.


text:
    Frank Capek, Inc., Appellant, v. Loujack Estates, Inc., Respondent.
    Submitted October 6, 1947;
    decided October 9, 1947.

      Abraham Wilson for motion.

      Aaron Dorfman and Samuel Dorfman opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the papers were not served and filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Helene Kreiger, Appellant, v. Louis Kreiger, Respondent.
    Submitted October 6, 1947;
    decided October 9, 1947.

      Charles Bothénberg and Moss K. Schenck for motion.

      Edward S. Joseph opposed.
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Ira M. Greene, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Submitted October 14, 1947;
    decided October 14, 1947.

      Allen Goodwin for motion.

      Lewis Abrahams opposed.
   Motion for leave to appeal denied upon the ground an appeal lies as of right.


text:
    In the Matter of John A. Lyons, as Commissioner of Correction of the State of New York, Respondent, against Carlton A. Fisher, as Judge of the County Court of Erie County, Defendant, and Joseph Paterno, Appellant.
    Argued October 2, 1947;
    decided October 16, 1947.

      Ralph Saft for appellant.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen and Wendell P. Brown of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Royal Indemnity Company, Appellant, v. Atchison, Topeka and Santa Fe Railway Company, Respondent.
    Submitted October 3, 1947;
    decided October 16, 1947.

      William E. Lyons and Barnett Cohen for appellant.

      C. Austin White for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Ftjld, JJ.


text:
    Theresa B. Frazier et al., Respondents, v. Westchester Street Transportation Company, Inc., Appellant, et al., Defendants.
    Argued October 1, 1947;
    decided October 16, 1947.

      Addison B. Scoville, David C. Keane, Jr., mid Qoodwyn Kuyh for appellant.

      Richard Leo Fallon for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Oh. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Marion B. Elliott, Appellant, v. Joseph H. Amy, Respondent.
    Argued October 1, 1947;
    decided October 16, 1947.

      Frank H. Towsley and Frederick G. Bangs for appellant.

      Leonard H. Steibel, Bernard B. Smith and Nelson Seitel for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Ftjld, JJ.


text:
    City of White Plains, Appellant, v. Kenneth F. Hadermann, Respondent.
    Argued October 2, 1947;
    decided October 16, 1947.

      William B. Gondit, Corporation Counsel (Samuel Faile of counsel), for appellant.

      Aaron Simmons, Corporation Counsel (Murray C. Fuerst of counsel), for City of New Rochelle, amicus curice, in support of appellant’s position.

      Charles A. Voss for respondent.
   Judgment affirmed, without costs ; no opinion.

Concur: Lotjghran, Oh. J., Lewis, Conway, Desmond, Thacheh, Dye and Ftxld, JJ.


text:
    James Branch, Individually and as Administrator of the Estate of Mary Branch, Deceased, Respondents, v. Bug Ride, Inc., Appellant.
    Submitted September 30, 1947;
    decided October 16, 1947.

      Joseph F. Lenihcm and William Butler for appellant.

      Janet E. Levinson and Emanuel M. Wolf for respondents.
   Appeal dismissed, without costs, upon the ground of noncompliance with the provisions of subdivision 1 (b) of section 589 of the Civil Practice Act. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, T hachee, Dye and Fuld, JJ.


text:
    Margaret M. Witkowski, Respondent, v. Anthony Witkowski, Appellant.
    Submitted October 1, 1947;
    decided October 16, 1947.

      Morris Golub for appellant.

      Sol Rubin for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conwat, Desmond, Thaohbb, Die and Fulo, JJ.


text:
    The People of the State of New York, Respondent, v. Enix Bussey, Appellant.
    Argued September 29, 1947;
    decided October 16, 1947.

      Edward H. Levine for appellant.

      Frank 8. Hogan, District Attorney (Whitman Knapp and Sylvia Jaffin Singer of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Irving Schaffel, Appellant.
    Argued October 1, 1947;
    decided October 16, 1947.

      Gilbert Goldstein and David Goldstein for appellant.

      Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Steve Oneta, Appellant, v. Paul Tocci Company, Inc., Respondent, et al., Defendants.
    Argued October 6, 1947;
    decided October 16, 1947.

      Felix J. McCambley for appellant.

      William B. Shelton and John J. O’Connor for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lottghean, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Louis Lotito, as Executor of Harry A. Kaufman, Deceased, Appellant, v. John A. Sullivan et al., Respondents.
    Argued October 1, 1947;
    decided October 16, 1947.

      Milton N. Mound, Ira Schlusselberg and Julius J. Abeson for appellant.

      Bernard Eershkopf, William Klein, Milton B. Weir and Adolph Lund for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughrax, Oh. J., Desmond, Thaoher, Dye and Fuld, JJ.; Lewis and Coxway, JJ., dissent and vote for reversal upon the ground that it cannot be said upon the present record that “ there is in truth nothing to be tried ” (Curry v. Mackenzie 239. N. Y. 267, 270).


text:
    Pennsylvania Company for Insurances on Lives and Granting Annuities, as Trustee under the Will of Samuel J. Tilden, Deceased, Respondent, v. Richard T. Stauffer et al., Defendants; United States Trust Company of New York, as Executor of Marie C. S. Eastwick and as Trustee under a Testamentary Trust for the Eye, Ear, Nose and Throat Hospital of New Orleans, Louisiana, Respondent, and Peter Burnett, Appellant.
    Argued October 2, 1947;
    decided October 16, 1947.

      Samuel J. Levinson, Frank Weinstein and Robert Bernstein for appellant.

      Stanley F. Reed, Jr., for The Pennsylvania Company for Insurances on Lives and Granting Annuities, plaintiff-respondent.

      Williamson Pell, Jr., and Pandia G. Ralli for United States Trust Company of New York, defendant-respondent.
   Judgment affirmed, with costs to the appellant and to the respondents payable out of the fund. Whether the appellant should have been awarded costs or any allowance at the Special Term is a question not presented by this record.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thaohbb, Dye and Fuld, JJ.


text:
    Commissioners of the State Insurance Fund, Respondents, v. H. W. E. Realty Co. of Brooklyn, Inc., Appellant.
    Argued October 6, 1947;
    decided October 16, 1947.

      T. Carlyle Jones and Daniel Miner for appellant.

      Bernard Katsen, General Attorney for State Insurance Fund (Harry SchecMer and William H. Stieglitz of counsel), for respondents.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Lottghran, Ch. J., Lewis, ' Conway, Desmond, Thacker, Dye and Füld, JJ.


text:
    Automobile Club Service, Inc., Respondent, v. William J. Gottlieb et al., Appellants.
    Argued October 1, 1947;
    decided October 16, 1947.

      Leo T. Kissam, Charles E. Powers' and Abraham Hornstein for appellants.

      Woodson jD. Scott, Herbert Brownell, Jr., and Edmund P. Rogers, Jr., for respondent.
   Order affirmed, with costs, on the ground that the first cause of action is sufficient in law upon its face. We pass upon no other question. Question certified answered in the affirmative. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, lThaohbr8 Dye and Fubd, JJ.


text:
    In the Matter of Empire City Subway Company (Limited), Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    Argued October 2, 1947;
    decided October 16, 1947.

      Charles E. Murphy, Corporation Counsel (Ira Wollison and Isaac C. Bonner of counsel), for appellant.

      Frank A. Frits, John B. King, John M. Farrell and Ralph W. Brown for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ.


text:
    Elizabeth Atamian et al., Respondents, v. City of New York, Appellant.
    Argued October 6, 1947;
    decided October 17, 1947.

      Charles E. Murphy, Corporation Counsel (Seymour B. Quel and Joseph J. Lucchi of counsel), for appellant.

      John B. Jones, Horace P. Claris and Theobald J. Dengler for respondents.
   Judgment affirmed, with costs; no opinion.

Concur; Loughban, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent v. Julius Zeif, Appellant.
    Submitted October 6, 1947;
    decided October 17, 1947.

      Isaac Rubin, Milton D. Jacobs and Albert M. Annunziata for appellant.

      George M. Fanelli, District Attorney {John G. Marbach of counsel), for respondent.
   Judgments reversed and information dismissed upon the ground that the admissible evidence was not sufficient to warrant a finding of the guilt of the defendant beyond a reasonable doubt. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    H. Bennett Salomon, Appellant, v. Robert F. Mahoney, Respondent.
    Argued October 8, 1947;
    decided October 17, 1947.

      Sidney S. Levine for appellant.

      Menahem Stim for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Wilhelm Koch, Respondent, v. Margaret E. Regan et al., Appellants.
    Argued October 7, 1947;
    decided October 17, 1947.

      Frank H. Connelly, Jr., and Alfred F. Fanelli for appellants.

      Joseph 8. Johnston for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Margaret R. Wilson, Appellant and Respondent, v. Kirke R. Wilson, Respondent and Appellant.
    Argued September 30, 1947;
    decided October 17, 1947.

      Israel Rumisen for plaintiff, respondent and appellant.

      Ralph W. Dox for defendant, appellant and respondent.
   Judgment and order insofar as appealed from by defendant affirmed. Appeals by plaintiff dismissed, on the ground that the order denying her motion for counsel fees and the order denying her motion to vacate that order do not finally determine the action or a special proceeding within the meaning of the Constitution, and her appeal from the order fixing the amount of permanent alimony presents no question that this court can review (Powell v. Powell, 294 N. Y. 890). No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld, JJ.


text:
    In the Matter of the Accounting of Niagara County National Bank and Trust Company, as Trustee under the Will of John Staats, Deceased. Christ Staats, as Administrator of the Estate of John F. Staats, Deceased, et al., Respondents; Minna Clark et al., Appellants.
    Argued October 8, 1947;
    decided October 17, 1947.

      Raymond J. Cothran for appellants.

      Warren F. Thompson for Christ Staats, respondent.
   Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the fund. No opinion.

Concur: Loughkan, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fold, JJ.


text:
    In the Matter of the Claim of Bernard De Weaver, Claimant, against Jackson & Perkins Company, Respondent. Workmen’s Compensation Board, Appellant.
    Argued October 9, 1947;
    decided October 17, 1947.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Daniel Polanshy of counsel), for appellant.

      Irving L. Sohanser and James B. Alley for respondent.
   Order affirmed, with costs, against Workmen’s Compensation Board; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Teacher, Dye and Puld, JJ.


text:
    In the Matter of Ira M. Greene, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued October 16, 1947;
    decided October 17, 1947.

      Allen Goodwin for appellant.

      Lewis Abrahams for respondent.

      Charles E. Murphy, Corporation Counsel (Bussell L. Tarbox of counsel), for Board of Elections, respondent.

      Maxwell M. Flamm for Clerk of Kings County, respondent.
   Order affirmed, without costs; no opinion.

Concur; Lottghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    In the Matter of Joseph Bleich, Respondent, against William O’Dwyer et al., Constituting the Board of Estimate of the City of New York, et al., Appellants, et al., Defendants.
    Argued October 6, 1947;
    decided October 17, 1947.

      Charles E. Murphy, Corporation Counsel (Seymour B. Quel and Helen R. Cassidy of counsel), for appellants.

      Albert T. Scharps for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ.; Thacheb, J., dissents in the following memorandum: I am constrained to dissent. During the period in question all salaries and expenses of the Transit Commission except the salaries of its commissioners, secretary and counsel were subjected to the budget-making powers and procedure of the city, and were required to be audited and to be paid in the same manner as are the expenses of an agency of the city, as prescribed in the charter thereof (L. 1940, ch. 246). The earlier enactments (L. 1937, ch. 859 and L. 1939, ch. 955) could not impair the powers subsequently granted.


text:
    In the Matter of the Claim of Martin Stemman, Respondent, against Roosevelt Hotel, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 9, 1947;
    decided October 17, 1947.

      Urban S. Mulvehill and E. C. Sherwood for appellants.

      Nathaniel L. Goldstein, Attorney-General (Theodore M. Schwarts and Boy Wiedersum of counsel), for respondent.
   Order affirmed, with costs; no opinion..

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of the Claim of Mike Coppola, Respondent, against George C. Tilyou et al., Appellants, and Anthony Russo, Respondent. Workmen’s Compensation Board, Respondent.
    Submitted October 9, 1947;
    decided November 13, 1947.

      Irvin A. Snyder and James S. Brown, Jr., for appellants.

      Bernard L. Nevmark and Isadore B. Eurwitz for Anthony Russo, respondent.

      Nathaniel L. Goldstein, Attorney-General (Theodore M. Schwartz and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs to the Workmen’s Compensation Board; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Mary Badaracco, Respondent, v. City of New York, Appellant.
    Argued October 14, 1947;
    decided November 13, 1947.

      Charles E. Murphy, Corporation Counsel (Joseph F. Mulqueen, Jr., and Seymour B. Quel of counsel), for appellant.

      Ambrose V. McCall and Joseph F. O’Neill for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Samuel Saia, Appellant. (4 Cases.)
    Argued October 16, 1947;
    decided November 13, 1947.

      Hayden C. Covington and Julius Himelfarb for appellant.

      John 8. .Marsh, District Attorney (William E. Miller of counsel), for respondent.
   Judgment affirmed; no opinión.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Emma Steubing, Respondent, v. Harold Hooper, Appellant. George Steubing, Respondent, v. Harold Hooper, Appellant.
    Argued. October 17, 1947;
    decided November 13, 1947.

      William H. Morris for appellant.

      Leo J. Rice for respondents.
   Judgments affirmed, with costs; no opinion.

Concur: Lottghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    The People of the State of New York ex rel. 1030 Fifth Avenue Corporation, Appellant, against Harry B. Chambers et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued October 8, 1947;
    decided November 13, 1947.

      Sol Pottish, Harry L. Ettinger and John Moroney for appellant.

      Charles E. Murphy, Corporation Counsel (Morris Handel and William F. Murphy of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of the Claim of Louis Kalikoff, Respondent, against John Lucas & Co., Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 9, 1947;
    decided November 13, 1947.

      William 8. Sinclair and George J. Stacy for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Daniel Polansky of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Ftjld, JJ.


text:
    Lucius Wilmerding, Appellant, v. William O’Dwyer et al., Constituting the Board of Estimate of the City of New York, et al., Respondents, and Robert Kirkpatrick et al., Interveners, Respondents.
    Argued October 16, 1947;
    decided November 13, 1947.

      Harold Riegelman, H. H. Nordlinger and Robert G. Isaac's for appellant.

      Charles E. Murphy, Corporation Counsel (Charles F. Preusse, W. Bernard Richland and Jacob Lutsky of counsel), for respondent.
   Judgments reversed, and the case remitted to the Special Term with directions to dismiss the complaint upon the ground that the issues are moot. No opinion. [See 297 N. Y. 781.]

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Mabel C. Single, as Administratrix with the Will Annexed of John Single, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 27664.)
    Argued October 8, 1947;
    decided November 13, 1947.

      Maurice F. Lane, Donald M. Mawhinney and Raymond A. Fust for appellant.

      Nathaniel L. Goldstein, Attorney-General (Henry 8. Manley and Wendell P. Brown of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    In the Matter of the Claim of Joseph A. Horn et al., Respondents, against Curtiss-Wright Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 9, 1947;
    decided November 13, 1947.

      Clyde M. Williams and Frank C. Roberts for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polonsky of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.