text:
    In the Matter of American Fibre Chair Seat Corporation. William Daum et al., Appellants; Arthur J. Kinsman, Respondent.
    (Submitted December 7, 1934;
    decided December 31, 1934.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 416.)


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of Ace Mail Advertising, Inc., Respondent, v. Harry Newgold, Appellant.
    (Submitted January 2, 1935;
    decided January 8, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 298.)


text:
    In the Matter of Frank W. Eckels, as Executor of Frank Eller, Deceased, Respondent, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Appellants.
    (Submitted January 2, 1935;
    decided January 8, 1935.)
   Motion to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 545.)


text:
    The People of the State of New York ex rel. New York Water Service Corporation, Appellant, v. John P. Hennessey et al., Constituting the State Tax Commission, Respondents.
    (Submitted January 2, 1935;
    decided January 8, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 609.)


text:
    In the Matter of the Will of Michael Winburn, Deceased. Maurice Wineburgh et al., Appellants; Marie Winburn et al., Respondents.
    (Submitted January 2, 1935;
    decided January 8, 1935.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 366.)


text:
    Albert E. Brown, Respondent, v. Steamship Terminal Operating Corporation et al., Appellants.
    (Argued January 2, 1935;
    decided January 8, 1935.)

      Robert L. Callahan for motion to dismiss appeal and in opposition to appellant’s motion.

      Paul Austin Crouch for motion to vacate dismissal of appeal and in opposition to motion to dismiss appeal.
   Motion to vacate order dismissing appeal granted upon condition that the return is filed within ten days and that appellant pay ten dollars costs; otherwise, motion denied, with ten dollars costs.

Motion to dismiss appeal taken by permission of the Appellate Division granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Jacob Budnitzky, Appellant, v. K. Arakelian, Inc., Respondent, Impleaded with Others.
    (Submitted January 2, 1935;
    decided January 8, 1935.)

      Frank I. Finkler for motion.

      John Marx opposed.
   Motion denied, without costs.


text:
    The People of the State of New York, Appellant, v. Harry Van Arsdale and Max Rosenberg, Respondents.
    (Argued January 2, 1935;
    decided January 8, 1935.)

      James D. C. Murray for motion.

      William Copeland Dodge, District Attorney (John C. McDermott of counsel), opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of The City of New York Relative to Acquiring Title to Real Property Required for the Widening of Boscobel Avenue, in the Borough of The Bronx. Terrillsen Corporation, Respondent; George Giaquinto et al., Appellants.
    (Argued January 2, 1935;
    decided January 8, 1935.)

      Sidney S. Levine for motion.

      George J. Kirschenstein opposed.
   Motion granted, and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal within ten days, in which event the motion is denied.


text:
    Julia L. Friede, as Executrix of M. Sergey Friede, Deceased, et al., Respondents, v. Russo-Asiatic Bank, Appellant, Impleaded with Others.
    (Argued January 2, 1935:
    decided January 8, 1935.)

      Abraham J. Muller for motion.

      Maurice Léon opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Application of The City of New York Relative to Acquiring Title to Real Property-Required for the Widening of Houghton and Olmstead Avenues in the Borough of The Bronx. Nassau Beekman Investing Company, Inc., Appellant; Charles A. Lent et al., Respondents.
    (Submitted January 2, 1935;
    decided January 8, 1935.)
   Motion for reargument denied, with ten dollars costs and .necessary printing disbursements. (See 266 N. Y. 26.)


text:
    Daisy Whittaker, Appellant, v. Village of Franklinville, Respondent. Coy Whittaker, Appellant, v. Village of Franklinville, Respondent.
    (Submitted January 2, 1935;
    decided January 8, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 11.)


text:
    In the Matter of John O. Nelson, Appellant, against Henry M. Cummings, Respondent.
    (Submitted January 4, 1935;
    decided January 15, 1935.)

      John O. Nelson, in person, for appellant.

      Henry M. Cummings, in person, for respondent.
   Appeal dismissed, with costs.


text:
    Silas Ezra, on Behalf of Himself and Others, Appellant, v. Thomas W. Lamont et al., Individually and as the International Committee of Bankers on Mexico, et al. Defendants, and United States of Mexico, Respondent.
    (Submitted January 7, 1935;
    decided January 15, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y.


text:
    Joseph A. Broderick, as Superintendent of Banks of the State of New York, Appellant, v. Max Aaron et al., Defendants, and Doris Sternlieb, Respondent.
    (Argued January 2, 1935;
    decided January 22, 1935.)

      Harold N. Cohen, Edward Feldman, Arthur Ofner, Isadore H. Cohen and Carl J. Austrian for appellant.

      Emanuel Redfield for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of the Probate of the Will of Harry W. Whited, Deceased. Chester Whited et al., Appellants; Jennie M. Jenkins et al., as Executors of Harry W. Whited, Deceased, Respondents.
    (Argued January 2, 1935;
    decided January 22, 1935.)

      Ambrose C. Hindman for appellants.

      Clarence Alexander for respondents.
   Order affirmed, with costs payable out of the estate to all parties filing briefs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Joe Kessler, Respondent, v. Ben Fligel, Appellant.
    (Submitted January 2, 1935;
    decided January 22, 1935.)

      Samuel M. Rivelson for appellant.

      Herbert H. Maass for Samuel D. Leidesdorf, amicus curiœ.

      Lawrence Kovalsky and David Goldstein for respondent.
   Order affirmed, with costs, and question certified answered in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Dorothy Cohen, Appellant, v. Students Travel Club, Inc., et al., Defendants, and Carlos B. Stone, Respondent.
    (Argued January 2, 1935;
    decided January 22, 1935.)

      Max Zucker and Seymour M. Liebowitz for appellant.

      Samuel Weisman and Joseph V. Shostak for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of the Accounting of Walter G. Durfee et al., as Executors of George W. Clark, Deceased, Respondents; Sylvester E. Scott, Appellant.
    (Argued January 2, 1935;
    decided January 22, 1935.)

      John T. Norton and Sylvester E. Scott, in person, for appellant.

      Abbott H. Jones, Charles W. Marshall and Ezra Tiffany for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Probate of the Codicil to the Will of Frances F. Mucklow, Deceased. William B. Mucklow, Appellant; Sallie D. Bull, as Executrix of Frances F. Mucklow, et al., Respondents.
    (Argued January 3, 1935;
    decided January 22, 1935.)

      Alexander Otis and Edwin J. Carpenter for appellant. Arthur R. Ellison for Sallie D. Bull, as executrix, respondent.

      E. C. Barkman, as special guardian for Jessie H. Graham, respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of William Phillips et al., Appellants, against Abraham Kaplan et al., Constituting the Municipal Civil Service Commission of the City of New York et al., Respondents.
    (Argued January 3, 1935;
    decided January 22, 1935.)

      H. Eliot Kaplan for appellants.

      Albert De Roode for Captains’ Association and Lieutenants’ Association of the Fire Department of the City of New York, amicus curiœ.

      Paul Windels, Corporation Counsel (Seymour B. Quel and Paxton Blair of counsel), for defendants-respondents.

      Reginald Field for intervening defendants-respondents.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of Joseph Bushell, Respondent, against The City of New York et al., Appellants.
    (Argued January 3, 1935;
    decided January 22, 1935.)

      Paul Windels, Corporation Counsel (Paxton Blair and Oren C. Herwitz of counsel), for appellants.

      Jacques Schurre for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of George S. Van Schaick, Superintendent of Insurance of the State of New York, as Rehabilitator of State Title and Mortgage Company, Appellant, against Aaron L. Jacoby, as Register of Kings County, Respondent.
    (Submitted January 4, 1935;
    decided January 22, 1935.)

      Harry Rodwin and Jess H. Rosenberg for appellant.

      Philip F. Rosenberg, Milton Olshan and Samuel Seiderman for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York ex rel. Herman Rothenberg, Appellant, v. William Hunt, as Warden of Attica Prison, Respondent.
    (Submitted January 4, 1936;
    decided January 22, 1935.)

      A. Stanley Copeland for appellant.

      John J. Bennett, Jr., Attorney-General (Caleb Candee Brown, Jr., of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York ex rel. Mary H. Sullivan, Individually and as Executrix of Timothy J. Sullivan, Deceased, Respondent, v. Thomas P. McLaughlin et al., Constituting the Board of Appeals of the City of New Rochelle, Appellants.
    (Argued January 7, 1935;
    decided January 22, 1935.)

      Sol Rubin for appellants.

      Monroe J. Cahn and Humphrey J. Lynch for respondent.
   Order of the Appellate Division reversed and that of the Special Term affirmed, with costs to the appellants in all courts. The Appellate Division was not justified in substituting its judgment for that of the Zoning Board in the absence of arbitrary action. (People ex rel. St. Albans-Springfield Corp. v. Connell, 257 N. Y. 73.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    New York State Electric and Gas Corporation, Appellant, v. Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, Respondents.
    (Argued January 7, 1935;
    decided January 22, 1935.)

      Warnick J. Kernan, Gerald J. Dean and Jesse J. Holland for appellant.

      Charles G. Blakeslee and John T. Ryan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hhbbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York ex rel. David M. Oltarsh, Appellant, against Samuel Levy, as President of the Borough of Manhattan of the City of New York, Respondent.
    (Argued January 8, 1935;
    decided January 22, 1935.)

      John J. Bennett, Jr., Attorney-General (Dorothy U. Smith and Henry Epstein of counsel), for appellant.

      Paul Windels, Corporation Counsel (Henry J. Shields and Paxton Blair of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Gerith Realty Corporation, Appellant, Impleaded with Others, v. Normandie National Securities Corporation et al., Defendants, and Louis Bachmann et al., Respondents.
    (Argued January 8, 1935;
    decided January 22, 1935.)

      Edward Siegel for appellant.

      Samuel Miller and Murray James for Percy W. Green, Attorney-General of the State of Delaware, ex rel. Eva Heymann et al., amicus curiœ.

      Milton P. Kupfer, Hiram C. Todd, E. Raymond Shepard, Eli S. Silberfeld and Abram M. Frumberg for Louis Bachmann et al., respondents.

      Henry Epstein for Benjamin Lissberger, respondent.

      James F. Donnelly for John David, respondent.

      J. Alvin Van Bergh for Oscar F. Grab, amicus curiœ.

   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Alice L. Ferris, Appellant, v. Phœnix Mutual Life Insurance Company, Respondent, and The National Bank of Geneva, Appellant.
    (Argued January 8, 1935;
    decided January 22, 1935.)

      W. S. O’Brien for defendant-appellant.

      Edward P. Murphy and James R. Hanlon for plaintiff-appellant.

      James M. Ryan and Lansing S. Hoskins for defendant-respondent.
   Judgment affirmed, with costs against appellant, National Bank of Geneva. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of George H. Gerlich, as Committee of August Gerlich, an Incompetent Person, Respondent. Veterans Administration, Appellant.
    (Submitted January 14, 1935;
    decided January 22, 1935.)

      Sol H. Neuhaus for motion.

      James A. Clark opposed.
   Motion denied, with ten dollars costs.


text:
    Frances P. Anderson, Respondent, v. Ætna Life Insurance Company, Appellant.
    (Submitted January 14, 1935;
    decided January 22, 1935.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 376.)


text:
    George S. Van Schaick, Superintendent of Insurance of the State of New York, as Liquidator of the Southern Surety Company of New York, et al., Respondents, v. Rex Novelty Works, Inc., Appellant.
    (Submitted January 14, 1935;
    decided January 22, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 441.)


text:
    Harry Goodrow, Respondent, v. The New York Times Company, Appellant.
    (Argued January 9, 1935;
    decided January 24, 1935.)

      Harold Nathan, Louis M. Loeb and Thomas Epstein for appellant.

      B. Loyal O’Connell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Anna F. Brown, Respondent, v. Edward G. Brown, Appellant.
    (Argued January 9, 1935;
    decided January 24, 1935.)

      Chester J. Winslow, James Gilchrist and Nellie Gilchrist for appellant.

      Fred J. O’Donnell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Alfred L. Follender, Appellant, v. Hyman Merl et al., Doing Business under the Name of Merl Bros., et al., Defendants, and Hyman Merl et al., Respondents.
    (Argued January 9, 1935;
    decided January 24, 1935.)

      Hugo Pollock for appellant.

      Isadore Rothenberg for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Samuel Koff, Respondent, v. Benjamin Construction Co., Inc., Appellant, Impleaded with Others.
    (Argued January 9, 1935;
    decided January 24, 1935.)

      Samuel Binder for appellant.

      Jacob Graifer and Seymour J. Koff for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Edward V. Tracy, Appellant, v. American Mutual Liability Insurance Company, Respondent.
    (Argued January 9, 1935;
    decided January 24, 1935.)

      Joseph J. Einhorn for appellant.

      Dickinson S. Talley for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Ezra C. Bingham, Appellant, v. Salvatore Di Giorgio, Respondent.
    (Argued January 10, 1935;
    decided January 24, 1935.)

      Frederick R. Rich and Benjamin J. Brown for appellant.

      George A. Conroy and Carl K. Mengel for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Gennaro Milanese, Appellant, v. Lexington Surety and Indemnity Company, Respondent, Impleaded with Others.
    (Argued January 10, 1935;
    decided January 24, 1935.)

      George D. Zahm, Harry L. Kreeger and William Roth for appellant.

      Harold R. Medina, Charles H. Friedrich, James J. Regan and Alfred C. Bennett for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran,'JJ. Not sitting: Finch, J.


text:
    Gaswell Service, Inc., Appellant, v. Sinclair Refining Company, Respondent.
    (Argued January 10, 1935;
    decided January 24, 1935.)

      Edward J. Connolly, James J. Manogue, Thomas P. Mackey and Thomas J. Kavanagh for appellant.

      Joseph P. Walsh for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    County Trust Company of New York, Respondent, v. Timothy J. Mara, Appellant. County Trust Company of New York, Respondent, v. Patrick F. Kenny, Appellant.
    (Argued January 10, 1935;
    decided January 24, 1935.)

      I. Maurice Wormser and I. Gainsburg for appellants.

      Joseph M. Proskauer and A. Hayne de Yampert for respondent.
   In each action judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Lehman and Finch, JJ.


text:
    In the Matter of the Yonkers Railroad Company, Respondent, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, et al., Appellants.
    (Argued January 21, 1935;
    decided January 24, 1935.)

      Alfred T. Davison for motion.

      Charles G. Blakeslee and Leonard G. McAneny opposed.
   Motion granted and appeals dismissed, with costs and ten dollars costs of motion.


text:
    The People of the State of New York, Respondent, v. Frank M. Best, Appellant.
    (Submitted January 21, 1935;
    decided January 24, 1935.)
   Motion for reargument or to amend remittitur denied. (See 266 N. Y. 456.)


text:
    James A. Cardinal, Respondent, v. Mercury Insurance Company, Appellant, and John Roshirt, Inc., et al., Respondents.
    (Submitted January 21, 1935;
    decided January 24, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 448.)


text:
    Seventh National Bank of New York, Respondent, v. Joseph J. Schickler, Appellant.
    (Submitted January 21, 1935;
    decided January 24, 1935.)

      Henry L. Bayles for motion.

      Joseph J. Schickler, in person, opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of George H. Gerlich, as Committee of August Gerlich, an Incompetent Person, Respondent. Veterans Administration, Appellant; Irving Aaron, as Special Guardian of August Gerlich, Respondent.
    (Submitted January 21, 1935;
    decided January 24, 1935.)

      Irving Aaron for motion.

      James A. Clark opposed.
   Motion denied, with ten dollars costs.


text:
    James W. Gerard, Respondent, v. Bank of New York and Trust Company, Appellant.
    (Submitted January 21, 1935;
    decided January 24, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 265 N. Y. 336.)


text:
    Agostino Balletto, Respondent, v. Staten Island Rapid Transit Railway Company, Appellant.
    (Argued January 11, 1935;
    decided February 26, 1935.)

      Harold R. Oakes and Robert Schwebel for appellant.

      Elias Bernstein, Thomas Schleier and Seymour Kempner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Edwin Rohan, an Infant, by John E. Rohan, His Guardian ad Litem, Appellant, v. Hartford Accident and Indemnity Company, Respondent.
    (Argued January 11, 1935;
    decided February 26, 1935.)

      Elmer H. Lemon for appellant.

      Stanley B. Johnson and William A. Earl for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Dissenting: Crouch, J.


text:
    The People of the State of New York, Respondent, v. Jack Lewin, James Cahill and John Fanning, Appellants.
    (Argued January 14, 1935;
    decided February 26, 1935.)

      Jacob Shientag for James Cahill, appellant.

      Harry Werner for Jack Lewin and John Fanning, appellants.

      William Copeland Dodge, District Attorney (Irving Jay Tell of counsel), for respondent.
   As to each defendant, judgment affirmed; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch and Loughran, JJ. Dissenting: Lehman, J. Not sitting: Finch, J.


text:
    The People of the State of New York ex rel. Margaret Klein, Appellant, v. Warden of the House of Detention for Women, Respondent.
    (Argued January 14, 1935;
    decided February 26, 1935.)

      Joseph A. Solovei, Henry G. Singer and Joseph Weiss for appellant.

      William Copeland Dodge, District Attorney (David Blitzer of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hhbbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of Rye Country Day School, Appellant, v. Thomas M. Lynch et al., Constituting the State Tax Commission, Respondents.
    (Argued January 14, 1935;
    decided February 26, 1935.)

      Albert W. Putnam and John E. Parsons for appellant.

      John J. Bennett, Jr., Attorney-General (Wendell P. Brown of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Schulte Real Estate Company, Inc., Respondent, v. Pedemode, Inc., Defendant, and Julius Grossman, Inc., Appellant.
    (Argued January 14, 1935;
    decided February 26, 1935.)

      Samuel Robert Weltz for appellant.

      Edwin A, Falk and Charles Trynin for respondent.
   Order affirmed, with costs. Fourth question certified answered in the negative; other questions not answered. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Samuel D. Serina, an Infant, by Angelo Serina, His Guardian ad Litem, Appellant, v. New York Railways Corporation, Respondent. Angelo Serina, Appellant, v. New York Railways Corporation, Respondent.
    (Argued January 14, 1935;
    decided February 26, 1935.)

      Sol Gelb for appellants.

      Henry J. Smith and Joseph L. Zelaskow for respondent.
   In each case, judgment reversed and new trial granted, with costs to abide the event. Held, that on the evidence there was a question of fact to be submitted to the jury. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of the Claim of Mary J. Rhoe, Respondent, against Delaware, Lackawanna and Western Railroad Company, Appellant. State Industrial Board, Respondent.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      John S. O’Donnell and Evan Hollister for appellant.

      John J. Bennett, Jr., Attorney-General (Hector Robichon of counsel), for State Industrial Board respondent.

      George H. Kennedy for claimant, respondent.
   Order of the Appellate Division and award of the State Industrial Board reversed and claim dismissed, with costs in this court and in the Appellate Division against the State Industrial Board. Held, that the deceased was engaged in interstate commerce. No opinion,

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Louqhran and Finch; JJ.


text:
    In the Matter of the Claim of Norah L. White against Consolidated Aircraft Corporation et al., Respondents. State Industrial Board, Appellant.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum of counsel), for appellant.

      Gordon Steele and Peter A. Schultz for respondents.
   Order affirmed, with costs against the State Industrial Board; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Elsie G. Tafft, Respondent, against George L. Stanford et al., Appellants. State Industrial Board, Respondent.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      Sydney Weitzer for appellants.

      John J. Bennett, Jr., Attorney-General (Hector A. Robichon of counsel), for State Industrial Board, respondent.

      V. D. Stratton and H. C. Stratton, for claimant, respondent.
   Order of the Appellate Division and award of the State Industrial Board reversed and claim dismissed, with costs in this court and in the Appellate Division against the State Industrial Board. Held, that there is no evidence that the claimant was injured while in the course of her employment. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Carlton Rayfield against Ford Motor Sales Company et al., Respondents. State Industrial Board, Appellant.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      John J. Bennett, Jr., Attorney-General (John R. O’Hanlon and Henry Epstein of counsel), for appellant.

      Charles P. Barre for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Edward Many, Respondent, against William A. Bradford et al., Appellants. State Industrial Board, Respondent.
    (Submitted January 15, 1935;
    decided February 26, 1936.)

      Jeremiah F. Connor for appellants.

      John J. Bennett, Jr., Attorney-General (John R. O’Hanlon of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Lqughran and Finch, JJ.


text:
    In the Matter of the Claim of Ernest Falk, Respondent, against Midland Dairy Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      Harold V. Angevine and James I. Cuff for appellants.

      Lloyd R. Christopher and Joseph P. Walsh for claimant, respondent.
   Appeal dismissed, with costs, on the ground that the order appealed from is not a final order. No opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Lqughran and Finch, JJ. Dissenting; Lehman and Crouch, JJ.


text:
    In the Matter of the Claim of Vincenzo Ucciardino, Respondent, against Tri-Boro Asphalt Corporation et al., Appellants, and The Travelers Insurance Company, Respondent. State Industrial Board, Respondent.
    (Submitted January 15, 1935;
    decided February 26, 1935.)

      Charles P. Barre for The American Employers’ Insurance Company, appellant.

      William B. Davis and E. C. Sherwood for The Travelers Insurance Company, respondent.
   Order aflirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Jean E. Ryan, Respondent, against Rex Cole, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      F. A. W. Ireland for appellants.

      John J. Bennett, Jr., Attorney-General (Hector A. Robichon of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Dissenting: Crane, Ch. J., and Finch, J.


text:
    In the Matter of the Claim of George Webb, Respondent, against Building Demolishing Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      William S. Sinclair and James J. Mahoney for appellants.

      John J. Bennett, Jr., A ttorney-General (John R. O’Hanlon of counsel), for State Industrial Board, respondent,

      Edward T. Curran for claimant, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Consuelo Pardo, Respondent, against Ernest Muccini et al., Appellants. State Industrial Board, Respondent.
    (Argued January 15, 1935;
    decided February 26, 1935.)

      Jeremiah F. Connor and Frederick Mellor for appellants.

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Mary Kopezak, Evelyn Hamilton and Joseph Nahlik, Appellants.
    (Argued January 16, 1935;
    decided February 26, 1935.)

      Osmond K. Fraenkel, Louis Fleischer, Robert J. Silberstein and Samuel Cohen for appellants.

      William Copeland Dodge, District Attorney (Vincent A. Catoggio, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Dissenting: Crouch, J.


text:
    Edwin F. Werring et al., Appellants, v. Charles Selig, as Executor of Henry W. Schiff, Deceased, et al., Respondents, Impleaded with Others.
    (Argued January 16, 1935;
    decided February 26, 1935.)

      Harris Jay Griston and George C. Baron for appellants.

      Harris Berlack and Frank Aranow for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Dominick Mattera, an Infant, by John Mattera, His Guardian ad Litem, Appellant and Respondent, v. Knickerbocker Ice Company, Respondent and Appellant.
    (Argued January 16, 1935;
    decided February 26, 1935.)

      Abraham, L. Popper for plaintiff, appellant and respondent.

      John J. O’Brien for defendant, respondent and appellant.
   Judgment modified so as to allow plaintiff costs in the Appellate Division, and as so modified affirmed, with costs to the plaintiff against the defendant. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Rutherford National Bank, Appellant, v. Antonio Manniello, Respondent.
    (Argued January 16, 1935;
    decided February 26, 1935.)

      Louis J. Felstiner and William O. Robertson for appellant.

      Anthony P. Ruffalo for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Charles Levy et al., as Executors of Isidore Goldfeld, Deceased, Appellants, v. New York Life Insurance Company, Respondent.
    (Argued January 16; 1935;
    decided February 26, 1935.)

      Samuel Hart, Samuel Fischer and Charles Levy for appellants.

      Ferdinand H. Pease and Louis H. Cooke for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Joseph A. L. Blek, Appellant, v. Frank Wilson, as President of Local Union No. 3 of the International Brotherhood of Electrical Workers, Respondent.
    (Argued January 16, 1935;
    decided February 26, 1935.)

      Maximillian L. Blek for appellant.

      Harold Stern for respondent.
   Judgment of the Appellate Division reversed as contrary to the weight of evidence and that of the Special Term affirmed, with costs in this court and in the Appellate Division. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J


text:
    The People of the State of New York, Respondent, v. Robert A. Hanham, Appellant.
    (Submitted January 17, 1935;
    decided February 26, 1935.)

      Ralph Earl Prime, Jr., and A. J. Prime for appellant.

      Frank H. Coyne, District Attorney (Thomas D. Scoble, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., O’Brien, Crouch, Loughran and Finch, JJ. Dissenting: Lehman and Hubbs, JJ.


text:
    Hermann F. M. Mutzenbecher et al., Copartners, under the Firm Name of Mutzenbecher & Co., Appellants, v. Sumner Ballard, Respondent.
    (Argued January 17, 1935;
    decided February 26, 1935.)

      Nathan Ottinger for appellants.

      John M. Harlan and Joseph Schreiber for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbb, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    William Yoost, Respondent, v. John Farr, Jr., et al., Individually and as Copartners under the Firm Name of Farr & Co., Appellants.
    (Argued January 17, 1935;
    decided February 26, 1935.)

      W. Montague Geer, Jr., William J. Donovan, George S. Leisure and Carl E. Newton for appellants.

      I. Maurice Wormser and Nicholas Howard Pinto for respondent.
   Judgment affirmed, with costs. Held, that the case was submitted to the jury on the theory on which it was tried. No opinion. (See 266 N. Y. 666.)

Concur: Lehman, O’Brien, Hubbs and Loughran, JJ. Dissenting: Crane, Ch. J., and Crouch, J. Not sitting: Finch, J.


text:
    Harriet J. Raldiris, Appellant, v. E. H. H. Simmons, as President of the New York Stock Exchange, Respondent.
    (Argued January 21, 1935;
    decided February 26, 1935.)

      Francis X. Gallagher and Harold J. Hinman for appellant.

      Henry A. Uterhart, Roland L. Redmond and Rush Taggart for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loüohran, JJ. Not sitting: Finch, J.


text:
    Mary Philips, as Administratrix of the Estate of Jordan Philips, Deceased, Respondent, v. James Apuzzo, Appellant.
    (Submitted January 21, 1935;
    decided February 26, 1935.)

      Joseph F. Hanley and Louis A. Garbarini for appellant.

      Francis C. Dale for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    William L. Mantha Co., Inc., Respondent, v. Minnie A. DeGraff et al., as Executors of William Westerbeke, Deceased, Appellants.
    (Argued January 21, 1935;
    decided February 26, 1935.)

      Guy O. Walser for appellants.

      George H. Carleton and John R. Vunk for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J-, Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Stephen J. O’Brien et al., Respondents, v. The Town of Greenburgh et al., Appellants.
    (Argued January 21, 1935;
    decided February 26, 1935.)

      Gerald FitzGerald for the Town of Greenburgh, appellant.

      Bern Budd, Clinton T. Taylor, Earle P. Hite, Maxwell Steinhardt and Kenneth C. Quencer for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Ralph S. Keep et al., Appellants, against City of Lockport, Respondent.
    (Argued January 21, 1935;
    decided February 26, 1935.)

      Ellsworth Storrs for appellants.

      James J. Sullivan, Corporation Counsel (Daniel J. Kenefick, Jr., and Daniel J. Kenefick of counsel), for respondent.
   Order affirmed, with costs. Question certified not answered as the order is a final order. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    David Quinn, an Infant, by Estelle C. Quinn, His Guardian ad Litem, et al., Respondents, v. Colonial Motor Coach Corporation, Appellant.
    (Argued January 21, 1935;
    decided February 26, 1935.)

      Jean A. Keller, Frederick Mellor and William Butler for appellant.

      Samuel L. Sargent and Anthony J. Moleti for respondents.
   Judgment of the Appellate Division and that of the Trial Term reversed, and complaint dismissed, with costs in all courts. Held, that there was no evidence of negligence to submit to the jury. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. American Surety Company of New York, Appellant.
    (Argued January 21, 1935;
    decided February 26, 1935.)

      Jeremiah T. Mahoney and George A. Spohr, Jr., for appellant.

      John J. Bennett, Jr., Attorney-General (Hugh Reilly and Henry Epstein of counsel), for respondent.
   Judgment affirmed, with costs; no opinion,

Concur: Crane, Ch. J., Lehman, O’Brien, Hubrs, Crouch and Finch, JJ. Not sitting: Lqughran, J.


text:
    Askey & Hager, Inc., Respondent, v. The State of New York, Appellant.
    (Claim No. 19016.)
    (Argued January 21, 1935;
    decided February 26, 1935.)

      John J. Bennett, Jr., Attorney-General (Leon M. Layden and DeWitt Clinton of counsel), for appellant.

      Elmer C. Pagel and Charles C. Page for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Stanley Pluzdrak, Appellant. The People of the State of New York, Respondent, v. Bruno Salek, Appellant.
    (Argued January 22, 1935;
    decided February 26, 1935.)

      Thomas L. Newton and Henry L. Nuese for Stanley Pluzdrak, appellant.

      W. Bartlett Sumner and Valentine E. O’Grady for Bruno Salek, appellant.

      Walter C. Newcomb, District Attorney, for respondent.
   As to each defendant, judgment of conviction affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hobbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property and Liquidate the Business of the Southern Surety Company of New York. Bessie Villa et al., Appellants.
    (Argued January 22, 1935;
    decided February 26, 1935.)

      Hartwell Cabell, M. B. Ignatius, Asa B. Kellogg and Richard C. Marshall, 3d, for appellants.

      Mac Q. Williamson, Attorney-General of the State of Oklahoma (George J. Fagin and Frank B. Appleman of counsel), for the Insurance Commissioner of the State of Oklahoma, amicus curiœ.

      Louis H. Pink, Walter B. Herendeen and Benjamin Potoker for respondent.
   Order affirmed, with costs. In this case the New York assets are concededly more than sufficient for the payment of the preferences allowed. (See Clark v. Williard, 294 U. S. 211, decided February 4, 1935.) We pass on no other situation. No opinion. (See 266 N. Y. 672.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    George S. Van Schaick, as Superintendent of Insurance of the State of New York and as Conservator of the Property of the Independence Indemnity Company, Respondent, against Richard Sullivan, Defendant, and Manufacturers Trust Company, Appellant.
    (Argued January 22, 1935;
    decided February 26, 1935.)

      Nathan Waxman, Leonard G. Bisco and Samuel Chugerman for appellant.

      Francis G. Hoyt and Alfred C. Bennett for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur; Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Crane, Ch. J., and Finch, J.


text:
    In the Matter of D. A. Schulte, Inc., Appellant, against Mark Graves et al., Constituting the State Tax Commission, Respondents. In the Matter of Park & Tilford, Appellant, against Mark Graves et al., Constituting the State Tax Commission, Respondents.
    (Argued January 22, 1935;
    decided February 26, 1935.)

      Walter H. Liebman, Jr., and David Levy for appellants.

      John J. Bennett, Jr., Attorney-General (Caleb Candee Brown, Jr., and Henry Epstein of counsel), for respondents.
   In each proceeding, order affirmed, with costs; no opinion. (See 266 N. Y. 665.)

Concur: Crane, Ch. J.; Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Lackawanna Steel Construction Corporation, Appellant, v. P. J. Greenough Engineering Company, Inc., et al., Respondents.
    (Argued January 22, 1935;
    decided February 26, 1935.)

      Ray M. Stanley for appelant.

      John F. Nash for General Crushed Stone Company, respondent.

      Leland B. Bryan for Wilham Anderson et al., respondents.

      Joseph Day Lee and Bernard D. Broeker for Kalman Steel Corporation, respondent.

      Charles S. Desmond for Arthur P. Coppinger, respondent.
   Judgment affirmed, with one bill of costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hhbbs, Crouch, Loughran and Finch, JJ.


text:
    Ivan V. Klochkov, Appellant, v. Petrogradski Mejdunarodni Commercheski Bank, Respondent.
    (Argued January 22, 1935;
    decided February 26, 1935.)

      Borris M. Komar for appellant.

      Paul C. Whipp and Lounsbury D. Bates for respondent.
   Judgment affirmed, with costs, on authority of Dougherty v. Equitable Life Assurance Society of United States (266 N. Y. 71). No opinion. (See 266 N. Y. 667.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hhbbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Albert J. Morris, Jr., an Infant, by Albert R. Morris, His Guardian ad Litem, Respondent, v. Town of Stafford, Appellant.
    (Argued January 22, 1935;
    decided February 26, 1935.)

      James L. Kelly and George W. Watson for appellant.

      William J. Darch for respondent,
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Httbbs, Loughran and Finch, JJ. Dissenting: Lehman and Crouch, JJ.


text:
    Fred P. Brown et al., Respondents, v. The University of the State of New York et al., Appellants.
    (Argued January 23, 1935;
    decided February 26, 1935.)

      John J. Bennett, Jr., Attorney-General (Sol Ullman, Henry Epstein and Ernest E. Cole of counsel), for appellants.

      John T. Cahill and John P. Ohl for The Dental Society of the State of New York et al., amici curiæ.

      Charles H. Tuttle and Thomas E. Kerwin for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Finch, JJ. Not sitting: Loughran, J.


text:
    Michael Kmeth, Respondent, v. Michael J. Delehanty, Doing Business under the Name of The Delehanty Institute, Appellant.
    (Argued January 23, 1935;
    decided February 26, 1935.)

      Clarence E. Mellen and William Butler for appellant.

      Rowland H. Long, Edward J. Lamberton and Milton Dombroff for respondent.
   Judgment of the Appellate Division and that of the Trial Term reversed, and complaint dismissed, with costs in all courts, on the ground the evidence fails to show any negligence. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of James F. Loughran, Respondent, v. Alfred Markle et al., Constituting the Board of Supervisors of Ulster County, et al., Appellants.
    (Argued January 23, 1935;
    decided February 26, 1935.)

      Arthur B. Ewig for appellants.

      Harry H. Flemming for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Finch, JJ. Not voting: Loughran, J.


text:
    Frank Delehanty, Respondent, v. Arthur Dunaif, Appellant.
    (Argued January 23, 1935;
    decided February 26, 1935.)

      H. H. Brown and James E. Turner for appellant.

      William Roth and George D. Zahm for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Aee McAlister, Respondent, v. Chin Lee Co., Inc., Appellant.
    (Submitted January 23, 1935;
    decided February 26, 1935.)

      Edmond M. Hanrahan for appellant.

      Louis Fieldman and Jay Genzer for respondent.
   Appeal dismissed, with costs, on ground that appeal was from an intermediate order without permission. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    St. Lawrence County Farmers’ Insurance Company, Appellant, v. Ethel Thompson, Respondent.
    (Argued January 23, 1935;
    decided February 26, 1935.)
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    Mita Grawunder, Appellant and Respondent, v. Beth Israel Hospital Association, Respondent and Appellant, Impleaded with Another.
    (Argued January 23, 1935;
    decided February 26, 1935.)

      Carsten H. Ludder for plaintiff, appellant and respondent.

      Francis L. Driscoll, Lorenz J. Brosnan and Lloyd Paul Stryker for defendant, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Matios Leylegian and Nishan Sarkisian, Appellants.
    (Argued January 24, 1935;
    decided February 26, 1935.)

      Joab H. Banton, Robert S. Johnstone, George Gordon Battle, Harry C. Kane and Stanley L. Richter for appellants.

      William Copeland Dodge, District Attorney (Felix C. Benvenga, Alexander H. Kaminsky, Erwin N. Schapira and Joseph Cohn of counsel), for respondent.
   As to each defendant, judgment of conviction affirmed; no opinion. (See 266 N. Y, 636.)

Concur; Crane, Ch. J,, Lehman, O’Brien, Hubbs, Crouch, Louqbran and Finch, JJ,


text:
    In the Matter of the Accounting of Central Hanover Bank and Trust Company, as Trustee under the Will of Adele E. Flint, Deceased, et al., Respondents. The National Iron Bank et al., as Trustees under a Deed of Trust Executed by William H. Flint et al., Appellants.
    (Argued January 14, 1935;
    decided February 26, 1935.)

      John A. V. Murphy and Herbert P. Queal for appellants.

      John M. Perry, Albert Stickney, William G. Barr and Albert B. Maginnes for Central Hanover Bank and Trust Company, respondent.

      Mervin C. Pollak as amicus curiæ.

   Order affirmed, with separate bills of costs to each respondent filing a brief payable out of the estate. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien,- Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Rita F. Kalinowski, an Infant, by John Kalinowski, Her Guardian ad Litem, Appellant, v. Joseph T. Ryerson & Son, Inc., Respondent, Impleaded with Others. John Kalinowski, Appellant, v. Joseph T. Ryerson & Son, Inc., Respondent, Impleaded with Others.
    (Argued January 21, 1935;
    decided February 27, 1935.)

      Thomas R. Wheeler for motions.

      William J. Brock opposed.
   Motions denied, without costs.


author: Per Curiam.

text:
    In the Matter of the Application of Joseph M. Rothschild, Respondent, to Compel Victor Roudin, an Attorney, Appellant, to Turn over Certain Moneys Wrongfully Withheld.
    (Submitted February 25, 1935;
    decided March 5, 1935.)

      James J. Armstrong for motion.

      Richard C. Murphy opposed.
   Per Curiam.

The motion for reargument is denied. The disposition of the matter made below can leave no shadow of moral obliquity or of unprofessional conduct on appellant. The services rendered to his client were reasonably worth the sum claimed by him. He was not without ground for believing he was entitled to that sum. He was certainly entitled to litigate a fair dispute without being charged with wrongdoing. There was no wrongdoing of any kind, and the phrase wrongfully withheld in the title hereto, is no doubt an unintentional misdescription.

Motion denied, with ten dollars costs and necessary printing disbursements.


text:
    Maryland Casualty Company, Appellant, v. John A. Roebling’s Sons Company of New York, Respondent, Impleaded with Another.
    (Submitted February 25, 1935;
    decided March 5, 1935.)

      Thomas J. Meehan, Jr., for motion.

      Irving J. Seaver opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on the ground the order is not final.


text:
    Anna Colt, Appellant, v. Jack Colt, Respondent.
    (Submitted February 25, 1935;
    decided March 5, 1935.)

      Irving Aaron for motion.

      Jesse A. Bacharach opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on the ground the order is not final.


text:
    Lawrence Forte, Respondent, v. Locke Insulator Corporation, Appellant.
    (Submitted February 25, 1935;
    decided March 5, 1935.)

      John F. Thomas for motion.

      Arthur E. Sutherland and William L. Clay opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on the ground the order is not final.


text:
    Florence B. Russell, Respondent, v. John Wolf, Appellant.
    (Submitted February 25, 1936;
    decided March 5, 1935.)

      Meyer Feldman for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    The People of the State of New York, Respondent, v. Vincent De Leo, Appellant.
    (Submitted February 25, 1935;
    decided March 5, 1935.)
   Motion for reargument denied. (See 266 N. Y. 499.)


text:
    Joseph Gutterman, Appellant, v. James Auerbach, as Marshal of the City of New York, et al., Respondents.
    (Argued February 25, 1935;
    decided March 5, 1935.)

      Maurice Kozinn for motion.

      Abraham, Males opposed.
   Motion denied, with leave to renew upon argument of appeal.


text:
    Morgan Lake Company, Respondent, v. The New York, New Haven and Hartford Railroad Company, Appellant.
    (Argued February-25, 1935;
    decided March 5, 1935.)

      Elijah T. Russell for motion.

      G. N. Reed opposed.
   Motion denied.


text:
    The People of the State of New York, Respondent, v. William F. Schultz and Charles Evans, Appellants.
    (Submitted February 25, 1935;
    decided March 5, 1935.)

      Walter C. Newcomb, District Attorney (Wellington J. Wetherbee of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    Dominic Landi et al., Respondents, v. Ludin Realty Company, Appellant.
    (Submitted February 25, 1935;
    decided March 5, 1935.)

      Milton N. Rosenthal for motion,

      John R. Vunk opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    G. Frank Dougherty, Respondent, v. The Equitable Life Assurance Society of the United States, Appellant. (Actions Nos. 3, 10, 12, 13, 24, 25, 27, 37 and 47.) Same, Appellant and Respondent, v. Same, Respondent and Appellant. (Actions Nos. 4 and 28.) Lewis A. Pinkussohn, Respondent, v. Same, Appellant. (Actions Nos. 23, 29, 49, 54, 60, 69, 72, 74 and 100.) Same, Appellant and Respondent, v. Same, Respondent and Appellant, (Action No, 112.) Lewin Blechmann, Respondent, v. Same, Appellant, Louis E. Ramm, Respondent, v. Same, Appellant. Corinne M. Rodkinson, as Executrix of Norbert M. Rodkinson, Deceased, Respondent, v. Same, Appellant. Friedrich W. Suessman, Respondent, v. Same, Appellant. Noussin A. Vitkoup, Respondent, v. Same, Appellant.
    (Submitted February 25, 1935;
    decided March 5, 1935.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 266 N, Y. 71.)


text:
    Nisel A. Goldberg-Rudkowsky, Appellant and Respondent, v. The Equitable Life Assurance Society of the United States, Respondent and Appellant.
    (Submitted February 25, 1935;
    decided March 5, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 451.)


text:
    Fred G. Weyhrauch, as Administrator of the Estate of Anna Weyhrauch, Deceased, Appellant, v. George Miller, Defendant, and Unity Hospital, Respondent.
    (Argued February 25, 1935;
    decided March 5, 1935.)

      Lorenz J. Brosnam and Francis L. Driscoll for motion.

      Alfred Feingold opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


author: Crane, Ch. J.

text:
    Vincent Astor, Respondent, v. Hotel St. Regis, Inc., et al., Appellants, Impleaded with Another.
    (Argued February 26, 1935;
    decided March 12, 1935.)

      John W. Davis, Edgar G. Grossman, James S. McNally and Charles Caldwell for Hotel St. Regis, Inc., appellant.

      John W. Davis, Edgar G. Crossman, James S. McNally and H. C. Little for Durham Realty Corporation, appellant.

      J. M. Richardson Lyeth and Rush Taggart for respondent.
   Order affirmed, with costs, and questions certified answered in the affirmative. No opinion.

Concur: Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J. Crane, Ch. J., dissents in the following memorandum.

Crane, Ch. J.

(dissenting). As to the parties in this action, the mortgage and the agreement must be read together. Had the mortgage contained a provision that at the foreclosure sale the mortgagee’s bid would cover the furniture, while a stranger’s bid would not, such a provision, I take it, could be attacked by answer on the ground of its invalidity although there were no other defenses.

I see no reason why the defendants in this case cannot be heard through answer as to the terms of the foreclosure decree directing sale; in other words, obtain a direction that the public sale must allow open competitive bidding,

The plaintiff’s affidavits on this motion for judgment allege that the hotel without the furniture is lessened in Value as the good will of a going concern is destroyed, and thus seeks by his judgment to obtain the right to enforce this preferential bid. Whether in the same or a separate action, in one or two instruments, the plaintiff insists that under the judgment he shall have the right to buy the furniture for $100,000.

■I think that the defendants may attack that claimed preference in the foreclosure action. Certainly, they should have a stay of the sale until they can be heard upon this issue, and the framing of the foreclosure decree seems to be the proper time and place for settling the question.

Order affirmed.


text:
    In the Matter of Flora M. Bonney et al., as Executrices of James A. Macdonald, Deceased, Appellants, against Thomas M. Lynch et al., Constituting the State Tax Commission, Respondents.
    (Argued February 25, 1935;
    decided March 12, 1935.)

      Russell L. Bradford and George H. Craven for appellants.

      John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Accounting of Cathryne Cornell, as Administratrix of the Estate of Emanuel G. Valyerde, Deceased, Appellant. William J. Colker et al., Respondents.
    (Argued February 25, 1935;
    decided March 12, 1935.)

      Thomas A. McDonald and James A. Gill for appellant.

      Philip Cooper for William J. Colker, respondent.
   Order affirmed, with costs payable out of the fund, and question certified answered in the affirmative. _No opinion.

Concur: Crane, Ch, J,, Lehman, O’Brien, Hubbs, Lqughran and Finch, JJ, Crouch, J., dissents on the ground that the burden of proof rested upon the objecting creditor and that he has failed to sustain it either under the language of the policy or under the language of the application.


text:
    The People of the State of New York ex rel. Harry L. Rohrbach, Respondent, against Henry D. Cochrane, as Mayor of the Village of Hastings on Hudson, et al., Appellants.
    (Submitted February 25, 1935;
    decided March 12, 1935.)

      William R. Hogan, Corporation Counsel, for appellants.

      John J. Hughes and David H. Moses for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch, J., Lehman, O'Brien,_Hubbs, Crouch, Lqughran and Finch, JJ.


text:
    In the Matter of the Application of the Board of Supervisors of Warren County, Appellant, to Secure Rights of Way for Hague-Ticonderoga County Highway. George O. Cook et al., Respondents.
    (Argued February 25, 1935;
    decided March 12, 1935.)

      Beecher S. Clother for appellant.

      Francis A. Wickes for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch, Loughran and Finch, JJ. Dissenting: Lehman, J.


text:
    In the Matter of George H. Gerlich, as Committee of the Person and Property of August Gerlich, an Incompetent Person, Respondent. Veterans Administration, Appellant; Irving Aaron, as Special Guardian, Respondent.
    (Argued February 25, 1935;
    decided March 12, 1935.)

      William, A. Gillcrist and James A. Clark for appellant.

      Samuel S. Breslin and Sol L. Neuhaus for George H. Gerlich, as committee, respondent.

      Irving Aaron, as special guardian, respondent.
   Order affirmed, without costs. The question of allowance has not been raised by any proper motion or exception. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of the Claim of Lewis R. Mearian, Respondent, against Leonard Miscall, Respondent, and Massachusetts Bonding and Insurance Company, Appellant. State Industrial Board, Respondent.
    (Argued February 26, 1935;
    decided March 12, 1935.)

      B. B. Aylesworth for appellant.

      John W. MacDonald, Horace E. Whiteside, Simon Rosenzweig and Lloyd L. Rosenthal for Leonard Miscall, respondent.

      John J. Bennett, Jr., Attorney-General (John R. O’Hanlon of counsel), for State Industrial Board, respondent,

      Abraham W. Feinberg for John Furey, amicus curiœ.

   Order of the Appellate Division in so far as appealed from reversed and award of the State Industrial Board as against the insurance Carrier dismissed, with costs in all courts, for the reason that neither Furey nor Durgin had authority to place the insurance, No opinion.

Concur: Crane, Ch. J,, Lehman, O’Brien, Htjbbs, Crotjch, Lohghran and Finch, JJ.


text:
    In the Matter of the Claim of Vincent Lally, Respondent, against George F. Driscoll Company et al., Appellants. State Industrial Board, Respondent.
    (Argued February 26, 1935;
    decided March 12, 1935.)

      Frank L. Ward for appellants.

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum and John R. O’Hanlon of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Mary Lewandowski, Respondent, against Onondaga Golf and Country Club et al., Appellants. State Industrial Board, Respondent.
    (Argued February 26, 1935;
    decided March 12, 1935.)

      Charles P. Barre for appellants.

      John J. Bennett, Jr., Attorney-General (Hector A. Robichon of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of May LaFlair, as Committee of Joseph Revier et al., Respondents, against Turner Construction Company, Appellant. State Industrial Board, Respondent.
    (Submitted February 26, 1935;
    decided March 12, 1935.)

      J. G. Fink for appellant.

      Henry Redman Dutcher and Leonard Marafioti for claimant, respondent.

      John J. Bennett, Jr., Attorney-General (Hector A. Robichon of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O'Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Minnie Dubinsky, Respondent, against Samuel Kofsky et al., Appellants. State Industrial Board, Respondent.
    (Argued February 28, 1935;
    decided March 12, 1935.)

      Jeremiah F. Connor, Bernard F. Farley and Frederick Mellor for appellants.

      Meyer Parodneck for claimant, respondent.
   Order of the Appellate Division reversed and decision of the State Industrial Board affirmed, with costs in this court and in the Appellate Division against the State Industrial Board. There being evidence to sustain the decision, the Appellate Division was without power to reverse. First question certified answered u Yes.” Second question certified not answered. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Arthur McKinney, Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    (Argued February 26, 1935;
    decided March 12, 1935.)

      Paul Windels, Corporation Counsel (Paxton Blair, Edmund L. Palmieri and Charles E. Hirsimaki of counsel), for appellant.

      George H. Stover and John T. Walsh for respondent.
   Order affirmed, with costs; no opinion. (See 266 N. Y. 665.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Nathaniel Becker, Appellant, v. George J. Ryan et al., Constituting the Board of Education of the City of New York, Respondents.
    (Argued February 26, 1935;
    decided March 12, 1935.)

      Nathaniel Becker, in person, for appellant.

      Paul Windels, Corporation Counsel (Henry J. Shields of counsel), for respondents.
   Appeal dismissed, with costs, on the ground no constitutional question is presented. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of Rose Rosenberg, Respondent, against Lewis J. Valentine, as Police Commissioner of the City of New York, Appellant.
    (Submitted February 26, 1935;
    decided March 12, 1935.)

      Paul Windels, Corporation Counsel (Paxton Blair, Edmund L. Palmieri and Charles E. Ramsgate of counsel), for appellant.

      Louis A. Tepper for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Adrian M. Potter, Appellant, v. Morris Diamond et al., Respondents. (Actions 1 and 2.)
    (Submitted March 4, 1935;
    decided March 12, 1935.)

      Adrian M. Potter, in person, for motion.

      Ulysses S. Adler opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on the ground the orders are not final.


text:
    The People of the State of New York, Respondent, v. Matios Leylegian and Nishan Sarkisian, Appellants.
    (Submitted March 12, 1935;
    decided March 14, 1935.)
   Motion to amend remittitur denied. We do say, however, that if there were any errors presented by exceptions, they did not affect the substantial rights of these two defendants. (See 266 N. Y. 606.)


text:
    In the Matter of the Board of Education of the City of Jamestown, Appellant, against George R. Baker et al., as Assessors of the Town of Poland, Respondents.
    (Argued February 25, 1935;
    decided March 19, 1935.)

      Wilson C. Price for appellant.

      Murle L. Rowe for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Crouch, Loughran and Finch, JJ. Dissenting: Crane, Ch. J., and Hubbs, J.


text:
    In the Matter of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance. In the Matter of the Application of The Trustees of St. Patrick’s Cathedral in the City of New York, Respondent. George S. Van Schaick, Superintendent of Insurance, as Rehabilitator of Union Guarantee and Mortgage Company, Appellant.
    (Submitted February 26, 1935;
    decided March 19, 1935.)

      Jess H. Rosenberg, Harry Rodwin and Irving H. Jurow for appellant.

      William F. Delaney and George J. Gillespie for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Board of Education of the School District of the City of Niagara Falls et al., Respondents, against The City of Niagara Falls et al., Appellants.
    (Argued February 27, 1935;
    decided March 19, 1935.)

      George E. Carrie, Corporation Counsel, for appellants.

      Robert L. Rice, Sr., for respondents.
   Order affirmed, without costs. If the parties are unable to agree upon the form of the order, the form may be settled upon an application to this court. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Peter Colella, Appellant, v. Smith-Fredenburg Corporation, Respondent.
    (Submitted February 27, 1935;
    decided March 19, 1935.)

      Henry R. Dutcher, Albert J. Rubin and Arthur E. Rosenberg for appellant.

      Luel F. Johnson for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Charles A. Briggs, Respondent, v. Peningo Land Company et al., Respondents, and Nicola Riccio et al., Appellants.
    (Argued February 27, 1936;
    decided March 19, 1935.)

      John J. Bennett, Jr., Attorney-General (Hugh Reilly, Edward L. Ryan and Henry Epstein of counsel), for The People of the State of New York, appellant.

      Patrick M. Kelly, John R. Bushong, William Burdell Banister and Frederick H. Berges, Jr., for Nicola Riccio et al., appellants.

      Monroe J. Cahn, Humphrey J. Lynch and Henry M. Bellinger for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The Keystone National Bank of Pittsburg, Appellant, v. The Continental Bank and Trust Company of New York, Respondent.
    (Argued February 27, 1935;
    decided March 19, 1935.)

      C. Lansing Hays for appellant.

      John W. Kelly and Frank J. Podesta for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J:


text:
    Milton E. Bennett, Respondent, v. Maybelle E. A. D. Bennett, Appellant.
    (Argued February 27, 1935;
    decided March 19, 1935.)

      Victor A. Pascal, Sidney Jacobi and Howard Lichtenstein for appellant.

      William A. Smith for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Harriet Hall, Appellant, v. New York Telephone Company, Respondent.
    (Argued February 28, 1935;
    decided March 19, 1935.)

      Walter A. Fullerton and James A. Leary for appellant.

      Charles J. Herrick for respondent.
   Judgment affirmed, with costs; no opinion.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Emanuel Chofer, Appellant.
    (Submitted February 28, 1935;
    decided March 19, 1935.)

      Charles P. Sullivan, Acting District Attorney (Mordecai Konowitz of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    J. Jerome Nathan, Respondent, v. Charles S. Hirsch et al., Copartners, Doing Business under the Firm Name of Hirsch, Lilienthal & Co., Appellants.
    (Argued February 28, 1935;
    decided March 19, 1935.)

      Joseph Sussman and Edward T. McLaughlin for appellants.

      Gordon S. P. Kleeberg, Morris Buchter, Sidney Abrams and Harold M. Hoffman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    Louis Dochter, as Administrator of the Estate of Mollie Dochter, Deceased, Respondent, v. The Equitable Life Assurance Society of the United States, Appellant.
    (Argued February 28, 1935;
    decided March 19, 1935.)

      James D. Ewing and Peter C. Mann for appellant.

      A. H. Waisman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not.sitting: Finch, J.


text:
    Liberty Bank of Buffalo, Respondent, v. Fidelity and Deposit Company of Maryland et al., Appellants, Impleaded with Another.
    (Argued February 28, 1935;
    decided March 19, 1935.)

      Mark N. Turner for appellants.

      Stanley H. Montfort and John F. Lane for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Paul Mattar, Respondent, v. Augustino Cesari, Appellant. John Sarkees, Respondent, v. Augustino Cesari, Appellant.
    (Argued March. 1, 1935;
    decided March 19, 1935.)

      John F. McNulty for appellant.

      Salem, G. Mansour for respondents.
   In each action, judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Nathan B. Schreier, Appellant, v. Milton V. Saulpaugh et al., Respondents.
    (Argued March 1, 1935;
    decided March 19, 1935.)

      Forrest S. Chilton for appellant.

      John J. Connors, Jr., Warner M. Bouck and Sherwood B. Speed for Milton V. Saulpaugh, respondent.

      John J. Connors, Jr., Warner M. Bouck and Edward L. Johnson for Glens Falls Indemnity Company, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Katherine M. Pierson, as Administratrix of the Estate of Joseph W. Pierson, Deceased, Respondent, v. Neile F. Towner et al., as Receivers of United Traction Company, Appellants, Impleaded with Another.
    (Argued March 1, 1935;
    decided March 19, 1935.)

      J. Stanley Carter and Newton R. Cass for appellants.

      John J. Scully for respondent.
   Judgment of the Appellate Division reversed on the ground that there is not sufficient evidence to sustain the reinstatement of the verdict; and the order of the Trial Term setting aside the verdict affirmed, with costs in all courts to abide the event. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Finch, JJ. Not sitting: Loughran, J.


text:
    The People of the State of New York, Respondent, v. John Rubino, Appellant.
    (Submitted March 4, 1935;
    decided March 19, 1935.)

      John A. Sylvester and Charles C. Cullen for appellant.

      William, F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubpa Crouch, Lohghran and Finch, JJ.


text:
    Emile Antony, Appellant, v. Alexander & Wilson, Inc., et al., Defendants, and Ridgewood Homes Corporation, Respondent.
    (Argued March 4, 1935;
    decided March 19, 1935.)

      Terence J. Mullen and Alfred J. Amend for appellant.

      Fred L. Gross for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Rose Moree et al., Respondents, v. H. C. Bohack Co., Inc., Appellant.
    (Argued March 5, 1935;
    decided March 19, 1935.)

      George J. Stacy and James J. Mahoney for appellant.

      John H. Reiman and Alex Rubin for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Philip B. Freeman, on Behalf of Himself and Others, Appellant, v. Ashton G. Bean et al., Defendants, and The White Motor Company, Respondent.
    (Argued March 5, 1935;
    decided March 19, 1935.)

      Gustavus A. Rogers and Abraham, Benedict for appellant.

      Frederick H. Wood and Harold F. McGuire for defendant-respondent, appearing specially.
   Order affirmed, with costs. First question certified answered in the negative; third question certified answered in the affirmative; and second question certified not answered. No opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Lehman and Finch, JJ.


text:
    In the Matter of The Brooklyn Union Gas Company, Respondent, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, et al., Appellants.
    (Argued March 5, 1935;
    decided March 19, 1935.)

      Charles G. Blakeslee, John J. Donohue and John T. Ryan for appellants.

      Jackson A. Dykman, Sigourney B. Olney and Neile F. Towner for respondent.
   Order affirmed, with costs. First and second questions certified answered in the afinmative, and third question certified answered in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Finch, JJ. Not sitting: Loughran, J.


text:
    Isaac Mendelsohn, Respondent, v. Joseph Rosenberg, Appellant, and Harry Gleich et al., Respondents, Impleaded with Another.
    (Submitted March 5, 1935;
    decided March 19, 1935.)

      Lloyd B. Kanter and Leonard Ring for appellant.

      Benjamin Cohen for plaintiff, respondent

      Samuel K. Goldstein and Meyer B. Goldstein for Dave Bernstein, defendant-respondent.
   Judgment affirmed, with costs, upon the ground that there was discretion in the court to appoint the receiver. The question whether the judgment can be enforced by contempt proceedings under subdivision 4 of section 505 of the Civil Practice Act is not now before this court. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Adolphus F. Long, Respondent, v. Viola Long, Appellant.
    (Submitted March 5, 1935;
    decided March 19, 1935.)

      Sidney L. Masone for appellant.

      Daniel J. Byrne for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs and Finch, JJ. ■ Dissenting: O’Brien, Crouch and Loughran, JJ.


text:
    William C. Voehl et al., Appellants, v. Title Guarantee and Trust Company, Respondent.
    (Argued March 5, 1935;
    decided March 19, 1935.)

      Jacob Lippman for appellants.

      Richard S. Holmes and Carleton H. Endemann for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    The People of the State of New York, Respondent, v. Harry Ellis, Louis Weiss, Thomas O’Connell, Ralph Martin, Frank Del Pizzo, Edward McCoy, Adam Garofolo, Sol Dragoni, Benny Loballo, David Katz and Murray Silver, Appellants.
    (Argued March 8, 1935;
    decided March 19, 1935.)

      James J. Armstrong for appellants.

      William Copeland Dodge, District Attorney (LeRoy Mandle of counsel), for respondent.
   As to defendant Ellis: Appeal dismissed for failure to surrender. As to other defendants: Judgment as to each affirmed. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of D. A. Schulte, Inc., Appellant, against Mark Graves et al., Constituting the State Tax Commission, Respondents. In the Matter of Park & Tilford, Appellant, against Mark Graves et al., Constituting the State Tax Commission, Respondents.
    (Submitted March 11, 1935;
    decided March 19, 1935.)
   Motion granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: “ on the ground that chapter 62, Laws of 1909, as amended by chapter 281, Laws of 1933, does not violate section 6 of article 1 of the Constitution of the State of New York, section 1 of the 14th Amendment to the Constitution of the United States, or the 5th Amendment to the Constitution of the United States.”


text:
    In the Matter of Arthur McKinney, Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    (Submitted March 16, 1935;
    decided March 19, 1935.)
   Motion denied without costs. We may say, however, that in affirming the order of the Appellate Division the court found that chapter 637 of the Laws of 1932 was not intended to apply to the employees of the Transit Commission. Other legislation so indicates. We decided nothing else. Any intimation in the opinion of the Appellate Division that this act of 1932 was repealed by chapter 178 of the Laws of 1934 does not meet with our approval.


text:
    William Yoost, Respondent, v. John Farr, Jr., et al., Individually and as Copartners under the Firm Name of Farr & Co., Appellants.
    (Submitted March 11, 1935;
    decided March 19, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 576.)


text:
    In the Matter of the Probate of the Will of Henry Reimers, Deceased. John Bahbenburg, as Executor, et al., Appellants; Edna L. Weigelt, Individually and as Executrix, Respondent.
    (Submitted March 11, 1935;
    decided March 19, 1935.)

      Arthur T. O’Leary for motion.

      Herman B. Forman opposed.
   Motion denied with leave to renew on the argument of the appeal.


text:
    Moss Estate, Inc., on Behalf of Itself and Other Taxpayers, Appellant, v. Town of Ossining, Respondent.
    (Submitted March 11, 1935;
    decided March 19, 1935.)

      Hubert E. Rogers and Ralph W. Crolly for motion.

      William A. Davidson and Herbert C. Gerlach opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements for the reason an appeal may be taken as of right, upon which all questions may be considered.


text:
    Ivan V. Klochkov, Appellant, v. Petrogradski Mejdunarodni Commercheski Bank, Respondent.
    (Submitted March 11, 1935;
    decided March 19, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 596.)


text:
    Clarence N. Martin et al., Appellants, v. Nina S. Miller, Defendant, and James O. Sebring, Respondent.
    (Argued March 6, 1935;
    decided March 20, 1935.)

      W. Earle Costello for appellants.

      James O. Sebring respondent in person.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Arthur W. Hinderer, Appellant, v. George W. Link et al., Respondents.
    (Argued March 6, 1935;
    decided March 20, 1935.)

      Talbot M. Malcolm and Francis A. Devin for appellant.

      Daniel Mungall, Ralph O. L. Fay and James A. Nooney for George W. Link, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Lojo Realty Company, Inc., Respondent, v. Estate of Isaac G. Johnson, Incorporated, Appellant.
    (Argued March. 6, 1935;
    decided March 20, 1935.)

      John Jay McKelvey for appellant.

      Charles Hollender and John H. Unlandherm for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Httbbs, Crouch and Loughran JJ. Not sitting: Finch, J.


text:
    Frank C. Kay, Respondent, v. The Travelers Insurance Company, Appellant.
    (Argued March 6, 1935;
    decided March 20, 1935.)

      Bernard J. McGlinn, Louis P. Galli and William J. Moran for appellant.

      Bernard B. Smith for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property and Liquidate the Business of the Southern Surety Company of New York. Bessie Villa et al., Appellants.
    (Submitted March 18, 1935;
    decided March 20, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 589.)


text:
    In the Matter of Young Women’s Hebrew Association et al., Appellants, against The Board of Standards and Appeals of the City of New York et al., Respondents.
    (Submitted March 18, 1935;
    decided March 20, 1935.)
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 270.)


text:
    Albert French, Respondent, v. Margaret F. Fenn, Appellant.
    (Submitted March 18, 1935;
    decided March 20, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 462.)


text:
    Guaranty Trust Company of New York, as Trustee, Respondent, v. Jean Harris et al., Respondents, and John W. Harris et al., Infants, by John F. Keating, Their Guardian ad Litem, Appellants.

      (Argued February 27, 1935;
    decided April 16, 1935.)

      John F. Keating, as guardian ad litem, for appellants.

      Harrison Tweed and Wilber Stammler for Milbank, Tweed, Hope & Webb, amici curice.

      Mitchell Jelline and Max D. Steuer for defendants, respondents.
   Crane, Ch. J.

By indenture dated July 25, 1929, defendant Jean Harris (formerly Jean Ferris) created a trust of certain property therein described with The Guaranty Executor and Trustee Company, Ltd., as trustee. At the time of the creation of the trust, Jean Harris was an unmarried infant residing at Grosvenor House, Park Lane, in the city of Westminster, London, England. The trust was in contemplation of the marriage of Jean Harris to the defendant Irving Drought Harris, and provided that if such marriage should not be solemnized within twelve months from the date thereof, the indenture should be void. The Guaranty Trust Company of New York, the plaintiff herein, has become substituted trustee by a deed of variation, dated July 27, 1931. /in said indenture it is provided that the trustee shall pay the income of the trust fund to the settlor during her life, and after her death shall hold the capital and income of the trust fund in trust for the child or children or remoter issue of the settlor upon such terms and conditions as the settlor shall by deed or will appoint, except as to a certain portion of such trust fund which settlor might, upon certain terms and conditions, appoint by a will for the benefit of her husband, the defendant Irving Drought Harris, and other undesignated persons; and in default of any such appointment, that the trustee shall hold said trust fund in trust for the child or children of the settlor and the survivors or survivor of them, in equal shares to be paid over to him or her when he or she shall attain the age of twenty-one years, or she shall attain that age or marry, and to apply the income meanwhile in the discretion of the trustee for the maintenance and education of such child or children, with other and further provisions for the payment or application by the trustee of part of the corpus of the trust fund for the benefit of such child or children.

On or about December 8, 1933, the defendant Jean Harris filed with the plaintiff an instrument in writing executed by her on November 27, 1933, purporting to exercise the power of appointment reserved to her by said trust indenture, dated July 25, 1929, as amended by the deed of variation. This instrument of appointment reads as follows:

1. I hereby exercise such power subject to the provisions hereof as follows:
“After my death, my trustee, the said Guaranty Trust Company, shall stand possessed of the entire capital and income of the trust fund referred to in the aforesaid instruments for the benefit of my grandchildren living at my death and for no other persons whatsoever, at which time my trustee shall convert the securities in the said trust fund into cash and shall thereupon forthwith pay over the proceeds thereof to my said grandchildren in equal shares.
2. This instrument and the appointment hereunder shall be and is hereby declared to be revocable in whole or in part by me by any instrument in writing brought to the notice of the said trustee.
3. This instrument shall be deemed part of said trust Settlement and shall be governed by the laws of the State of New York.”

Without a doubt Jean Harris exercised this power of appointment for the very purpose of destroying it; in other words, it died at birth. By this means it was sought to do indirectly what could not be done directly, that is, revoke the trust. Having exercised the power of appointment in favor of one not in being, it was thought possible to revoke the trust without requiring consent, as required by section 23 of the Personal Property Law (Cons. Laws, ch. 41). With this in mind, a few weeks later the defendant, through her attorney, delivered to the trustee an instrument dated January 2, 1934, wherein she attempted to revoke the trust without giving notice to, or obtaining the consents of, anybody interested in the principal remainder. This instrument, executed in France, read:

To the Guaranty Trust Company of New York:
“ Please take notice that I, Jean Harris, heretofore designated as ‘ the Settlor in two deeds of trust executed by me with your predecessor-trustee, the Guaranty Executor and Trustee Company, Limited, of London, England, on July 25, 1929 and July 27, 1931, respectively, and also in certain deeds of appointment dated July 30, 1931 and November 27, 1933, respectively, now in your possession and in which you are named as trustee, hereby revoke the trust referred to in the aforesaid instruments and demand that you forthwith turn over to me the entire corpus of the said trust together with all accrued income therein.
Dated, January 2nd, 1934.
“ JEAN HARRIS [l. s.J
Jean F. Harris ”

The property, the subject of this trust, is personal property within the State of New York. The children of Mrs. Harris, who are persons interested as remainder-men, are two, John Wakefield Harris and Elizabeth Harris, one two and a half years old and the other a year younger, both living with their parents at Chateau de Doumy, Doumy, B. P., France.

The sole question presented here is whether, under this indenture of trust, these two living children have an interest, even though it be contingent, which prevents their mother from revoking this trust. The courts below have held that by exercising the power of appointment and designating grandchildren, who could not possibly come into being for many years, the settlor had discovered a way of destroying the contingent interests of her children. The Appellate Division so held, by a divided court, certifying, however, to us the following questions:

" 1. At the moment of the attempted revocation of the trust by the Settlor were the two children of the Settlor beneficially interested in the trust within the meaning of Section 23 of the Personal Property Law so as to require their consents to a revocation thereof?
. “ 2. At the moment of the attempted revocation of this trust by the Settlor were the unborn grandchildren designated as contingent remaindermen in the deed of appointment beneficially interested in the trust within the meaning of Section 23 of the Personal Property Law so as to require the consent of some person representing them and acting in their behalf to a revocation thereof?
3. Was the trust validly revoked by the sole act and consent of the Settlor? ”

The Personal Property Law, section 23, provides as follows:

Upon the written consent of all the persons beneficially interested in a trust in personal property or any part thereof heretofore or hereafter created, the creator of such trust may revoke the same as to the whole or such part thereof, and thereupon the estate of the trustee shall cease in the whole or such part thereof.”

What was this trust which the ^creator has tried to revoke without notice to anybody? 'Jt is, that the trustee shall pay the income of a trust fund to the settlor during her life, and after her death shall hold the principal and income of the trust fund in trust for the child or children or remoter issue of the settlor, upon such terms and conditions as the settlor shall by deed or will appoint. In default of any such appointment the trustee is to hold said trust fund in trust for the child or children of the settlor and the survivors or survivor of them in equal shares.y

It is apparent, therefore, that the two children of Mrs. Harris have a remainder in the principal of this trust fund. If she should die without making an appointment they take the principal as provided in the trust. So likewise, in case she dies having made an appointment to a child or remoter issue not in existence, then also these two children take the principal of the estate. The appointment is ineffectual; the same as if never made.

Put it as you will, these two children are beneficially interested in the trust principal because they would to-day take that principal under the trust if their mother should die. Her power of appointment would be futile as there is no living grandchild. (Empire Trust Co. v. Northcote, 263 N. Y. 527; Hillen v. Iselin, 144 N. Y. 365-374; Gray, Rule against Perpetuities [3d ed., 1915], §§ 256, 258; Lakin v. Lakin, 34 Beav. 443; Kuntze v. Guaranty Trust Co., 242 App. Div. 7; affd., 265 N. Y. 669; 49 Corpus Juris, p. 1303; and 22 American and English Encyclopædia of Law [2d ed.], p. 1139.)

Jean Harris, in making this trust indenture in contemplation of her marriage, completely disposed of her estate and title in the securities constituting the principal of the trust fund, at least in the event that at her death she left surviving issue. She reserved nothing to herself or to her estate, except the income to be paid to her during her life, and the power of appointment. Her children, therefore, took their contingent interest by purchase and not by descent. (Whittemore v. Equitable Trust Co., 250 N. Y. 298; Hussey v. City Bank Farmers Trust Co., 236 App. Div. 117; affd., without opinion, 261 N. Y. 533; Kuntze v. Guaranty Trust Co., supra.)

This case comes to us, as above stated, on certified questions. The plaintiff brought this action for an accounting, setting forth the papers which had been filed with it by Jean Harris and asking for a construction of the trust indenture. She answered, demanding judgment that she had revoked the trust. The infants answered by guardian ad litem, submitting their rights and interests to the protection of the court. The interlocutory judgment, entered upon the decision, held that Jean Harris had validly exercised her power of appointment as provided by the deed of trust, as amended by the deed of variation, and further decided that the beneficial interests of her infant children in the trust estate were completely and validly divested.

For the reasons stated the order of the Appellate Division and the interlocutory judgment of the Special Term should be reversed, with costs in all courts, and the questions certified answered as follows: first question in the affirmative and the third question in the negative. The second question we leave unanswered.

Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ., concur; Finch, J., not sitting.

Ordered accordingly.