text:
    Stanley S. Groggins, Appellant, v. Daily Mirror, Inc., Respondent.
    (Submitted May 24, 1935;
    decided June 11, 1935.)

      Stanley S. Groggins, in person, for appellant.

      Edward A. Robertson for respondent.
   Judgment affirmed, with costs; no opinion.

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


source: Caselaw Access Project

license: Public Domain

text:
    Edward Friedman, as Treasurer of the Long Island Men’s Division of the Hebrew Kindergarten and Infants’ Home, Appellant, v. The State of New York, Respondent.
    (Claim No. 22009.)
    (Submitted May 24, 1935;
    decided June 11, 1935.)

      Benjamin Barondess for appellant.

      John J. Bennett, Jr., Attorney-General (F. R. Chant, Burns Barford and Henry Epstein of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Longken, Inc., on Behalf of Itself and Others, Appellant, v. City of Long Beach et al., Respondents.
    (Submitted May 24, 1935;
    decided June 11, 1935.)

      Enos Throop Geer for appellant.

      Lester H. Washburn and David B. Tolins for respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    Mary Toal, as Administratrix of the Estate of Patrick A. Toal, Appellant, v. International Railway Company, Respondent.
    (Argued May 27, 1935;
    decided June 11, 1935.)

      Samuel E. Chasin and Maurice Lutwack for appellant.

      Ralph K. Robertson and Albert M. Kraus for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Cyril J. Redmond et al., as Receivers, Respondents, v. Joseph A. Broderick, as Superintendent of Banks of the State of New York, et al., Appellants, Impleaded with Others.
    (Argued May 28, 1935;
    decided June 11, 1935.)

      Edward Feldman, Warren C. Fielding, E. Stanley Marks and Carl J. Austrian for appellants.

      Lawrence Berenson for respondents.
   Judgment with costs; no opinion.

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


text:
    The People of the State of New York, Appellant, v. Aniello Napolitano, Respondent.
    (Argued May 28, 1935;
    decided June 11, 1935.)

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for appellant.

      Peter L. F. Sábbatino and Edward J. Fontana for respondent.
   Judgment and order affirmed; no opinion.

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


text:
    George R. Lunn, Appellant, v. Elmer F. Andrews, as Industrial Commissioner of the State of New York, et al., Defendants, and The New York Central Railroad Company, Respondent.
    (Argued May 28, 1935;
    decided June 11, 1935.)

      Charles L. Craig for appellant.

      Charles E. Nichols for respondent.
   Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    Jaburg Bros., Inc., Appellant, v. Burns & Nellis Fireproof Storage Corporation, Respondent.
    (Argued May 28, 1935;
    decided June 11, 1935.)

      F. Campbell Jeffery for appellant.
    No appearance for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Finch, J., taking no part.


text:
    George Robertson, Respondent, v. John Ringling et al., Individually and as Copartners under the Name of Ringling Bros.-Barnum and Bailey, Combined Shows, Appellants.
    (Argued May 28, 1935;
    decided June 11, 1935.)

      Richard E. Weldon for appellants.

      Philip 8. Rivlin, Benjamin Adler and Beatrice Lip-schitz for respondent.
   Judgment affirmed, with costs; no opinion. (See 268 N. Y. 611.)

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


text:
    In the Matter of the Application of Anna Graf, Appellant. 19 and 146 Rivington Street Corporation, Respondent.
    (Submitted May 20, 1935;
    decided June 11, 1935.)

      Jerome A. Strauss for motion.

      Jay Leo Rothschild opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, as the appeal may be taken as of right, the order being final and having been modified by the Appellate Division.


text:
    In the Matter of the Accounting of Minnie A. Kernan, as Executrix of Arthur T. Kernan, Deceased, Appellant. Earl N. Buffett, Respondent.
    (Submitted June 3, 1935;
    decided June 11, 1935.)

      Harold Ashare for motion.

      James C. Danzilo opposed.
   Motion denied.


text:
    Myra Owen, as Administratrix of the Estate of Paul Owen, Respondent, Benjamin Straight, Doing Business under the Name of Thirteenth Lake Lodge, Appellant. Peter Owen, Respondent, v. Benjamin Straight, Doing Business under the Name of Thirteenth Lake Lodge, Appellant.
    (Submitted June 3, 1935;
    decided June 11, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 267 N. Y. 453.)


text:
    In the Matter of the Claim of Nan W. Theyken, Respondent, against Diplomat Products, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Submitted June 3, 1935;
    decided June 11, 1935.)

      Carl J. Heyser for motion.

      Jeremiah F. Connor opposed.
   Motion denied, with ten dollars costs.


text:
    Edward H. Mowbray, Appellant, v. William J. Mowbray et al., Respondents.
    (Submitted June 3, 1935;
    decided June 11, 1935.)

      William Thorn Simpson for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Will of Frederic K. Agate, Deceased. Mary V. Smith, an Incompetent Person, and Katherine B. Agate et al., Infants, by Samuel Stern, as Special Guardian, Appellants; Irving Trust Company, as Trustee under the Will of Frederic K. Agate, Deceased, et al., Respondents.
    (Submitted June 3, 1935;
    decided June 11, 1935.)
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Lerand Corporation, Respondent, v. Samuel Meltzer, Appellant.
    (Submitted June 3, 1936;
    decided June 11, 1936.)


text:
    The Columbian National Life Insurance Company, Appellant, v. Barnet Hirsch, Respondent.
    (Submitted June 3, 1935;
    decided June 11, 1935.)


text:
    William H. Lockwood, Respondent, v. Henry Hughes, Doing Business under the Name of Henry Hughes Co., Appellant.
    (Submitted June 3, 1935;
    decided June 11, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 267 N. Y. 628.)


text:
    Emma Landwehr, Appellant, v. Florence Barbas, Respondent.
    (Submitted 3, 1935;
    decided June 11, 1935.)

      Leo M. Brimmer for motion.

      Levenous J. Harvey opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serve and file undertaking and pay ten dollars costs within ten days, in which event the motion is denied.


text:
    New York Title and Mortgage Company, by George S. Van Schaick, as Superintendent of Insurance, Appellant, v. Irving Trust Company, Respondent.
    (Argued May 2, 1935;
    decided July 11, 1935.)

      Lawrence S. Greenbaum, Theodore S. Jaffin and Benjamin Kaplan for appellant.

      William A. Onderdonk, Henry T. Hall and Paul E. Mead for respondent.

      Sinclair Hamilton, W. H. L. Edwards and Carleton H. Endemann for Milbank, Tweed, Hope and Webb, amici curiae.

   Order affirmed, with costs; and question certified answered in the affirmative. No opinion. (See 268 N. Y. 709.)

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


text:
    Gustave B. Garfield et al., Appellants, v. New York Telephone Company et al., Respondents.
    (Argued May 27, 1935;
    decided July 11, 1935.)

      Gustave B. Garfield, in person, for appellants.

      Edward L. Blackman, John M. Farrell, Thomas H. Bothwell and Charles T. Bussell for New York Telephone Company, respondent.

      Paul Windels, Corporation Counsel {Joseph L. Weiner, Oscar S. Cox and Sol Charles Levine of counsel) for The City of New York, respondent.
   Judgment affirmed, with costs, on the authority of New York Steam Corporation v. City of New York (268 N. Y. 137). No opinion.

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


text:
    Harley D. Smith, as Administrator of the Estate of Gertrude D. Smith, Deceased, Respondent, v. The State of New York, Appellant.
    (Claim No. 22300.)
    (Argued May 29, 1935;
    decided July 11, 1935.)

      John J. Bennett, Jr., Attorney-General (Frank Gibbons and JohnL. Campbell of counsel), for appellant.

      Ernest D. Leet and Benjamin S. Dean for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Isidor Rubin, Appellant, v. Houbigant, Inc., et al., Respondents.
    (Submitted May 29, 1935;
    decided July 11, 1935.)

      David Goldstein and Thomas G. Frost for appellant.

      Archer Scherl 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 Mary E. Hogan, Appellant, against The New York State Teachers Retirement System et al., Respondents.
    (Argued June 3, 1935;
    decided July 11, 1935.)

      John T. Norton and Abbott H. Jones for appellant.

      Harold J. Hinman and Raymond F. Allen for respondents.

      John J. Bennett, Jr., Attorney-General (Henry Epstein and Patrick H. Clune of counsel), for State Employees’ Retirement Board, amicus curiae.

   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Crohch, Lotjghran and Pinch, JJ. Hubbs, J., taking no part.


text:
    Rensselaer County Mutual Fire Insurance Company et al., Respondents, v. The Rutland Railroad Company, Appellant.
    (Argued June 3, 1935;
    decided July 11, 1935.)

      John T. Norton for appellant.

      Joseph E. Spain and Clark Cipperly for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Crouch, Loughran and Finch, JJ. Hubbs, J., taking no part.


text:
    The People of the State of New York, Respondent, v. Henry Tilford, Doing Business as Hoffman Machinery and Engraving Company, Appellant.
    (Argued June 3, 1935;
    decided July 11, 1935.)

      M. W. Markowitz and Nathan A. Markowitz for appellant.

      Paul Windels, Corporation Counsel {Paxton Blair and Charles E. Ramsgate of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Crouch, Loughran and Finch, JJ. Hubbs, J., taking no part.


text:
    (Argued June 4, 1935;
    decided July 11, 1935.)

      W. Clyde O’Brien for appellant.

      Percival D. Oviatt and Edwards P, Ward 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. George Papert, Appellant.
    (Submitted June 4, 1935;
    decided July 11, 1935.)

      Daniel J. O’Mara, District Attorney (Harry L. Rosen-thal of counsel) for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of the Application of County of chester, by Westchester County Park Commission, Respondent, to Acquire Title to Lands of Frank M. Cook et al., Defendants. John T. Creighton et al., as Executors and Trustees under the Will of William W. Cook, Deceased, Appellants; The Presbyterian Hospital in the City of New York, Respondent and Appellant.
    (Argued June 4, 1935;
    decided July 11, 1935.)

      Charles Angulo, Benjamin Nassau and John T. Creighton for executors and trustees of William W. Cook, deceased, appellants and respondents.

      Neil P. Cullom and Frederick M. Schlater for The Presbyterian Hospital in the City of New York, respondent and appellant.
   Order affirmed, without costs; no opinion.

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


text:
    Assunta M. Frederici, Respondent, v. Cosulich Societa Triestina di Navigazione, Appellant.
    (Argued June 4, 1935;
    decided July 11, 1935.)

      Homer L. Loomis and Thomas F. Peterson, Jr., for appellant.

      Silas B. Axtell, Charles A. Ellis and Luden V. Axtell, for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Clayton Blaisdell, Respondent, v. N. P. Severin, Inc., Appellant, Impleaded with Another.
    (Argued June 4, 1935;
    decided July 11, 1935.)

      Arthur V. D. Chamberlain for appellant.

      Norman A. O’Brien and Henry Kass for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crohch, Lohghran and Finch, JJ.


text:
    John J. Reilly, by Marion J. Reilly, His Guardian ad Litem, Respondent, v. Gristede Bros., Inc., Appellant.
    (Argued June 4, 1935;
    decided July 11, 1935.)

      H. H. Brown and E. C. Sherwood for appellant.

      Leopold Bleich, A. Edward Moskowitz and Julian T. Abeles for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Finch, J., taking no part.


text:
    Empire State Life Assurance Society, Appellant, v. Catherine Kasprzak, as Administratrix of the Estate of John Kasprzak, Deceased, Respondent.
    (Submitted June 4, 1935;
    decided July 11, 1935.)

      William H. Fletcher, Jr., and Benjamin S. Dean for appellant.

      Francis T. Findlay and Bernard Sax for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Royal Indemnity Company, Appellant, v. Preferred Accident Insurance Company of New York, Respondent.
    (Argued June 5, 1935;
    decided July 11, 1935.)

      Frank H. Hiscock and Barnet T. Cohen for appellant.

      Harold B. Elgar, Irving I. Goldsmith, Monroe H. Collen-burg and Joseph L. Roesch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, and Loughran, JJ. Fnch, J., taking no part.


text:
    Jesse Shenson, Appellant, v. I. Shainin & Company, Incorporated, et al., Respondents, Impleaded with Others.
    (Argued June 6, 1935;
    decided July 11, 1935.)

      Emil N. Baar, Arthur Block and David E. Winer for appellant.

      Arthur Hutter for respondents.
   Order affirmed, with costs, on the ground there was no authority to enter any judgment by confession (Trier v. Herman, 115 N. Y. 163). First and third questions certified answered in the negative, and second question certified answered in the affirmative. No opinion.

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


text:
    Charles Maikish, Respondent, v. Metropolitan Distributors, Inc., Appellant.
    (Argued June 5, 1935;
    decided July 11, 1935.)

      J ames I. Cuff and J ames I. McGuire for appellant.

      Charles S. Scholnicoff and Fred P. Harrington for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Beatrice Mauzer, Appellant and Respondent, v. Lamar Auto Company, Respondent, and Max Schaeffer, Appellant, Impleaded with Another.
    (Argued June 5, 1935;
    decided July 11, 1935.)

      Ralph Stout and Louis Rothbard for plaintiff, appellant and respondent.

      Joseph F. Hanley, Alfred H. Golden and Leo M. Brimmer 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:
    Salvatore Giardina, as Administrator of the Estate of Anthony Giardina, Deceased, Appellant, v. Bricken Textile Corporation, Respondent, Impleaded with Others.
    (Argued June 5, 1935;
    decided July 11, 1935.)

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

      A. B. Eberlein and Benjamin C. Loder for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Nu Enamel Corporation et al., Respondents, v. Nate Enamel Co., Inc., et al., Appellants.
    (Argued June 5, 1935;
    decided July 11, 1935.)

      Murray C. Spett and Isidore Miller for appellants.

      Edwin J. Lukas for respondents.
   Judgment affirmed, with costs. Judgment, by consent in open court, has been amended by striking out the provisions for an accounting. No opinion.

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


text:
    Jesse Vogel et al., Respondents, v. Max Goldsmith, as Executor of Adolph Kaufman, Deceased, Appellant.
    (Argued June 6, 1935;
    decided July 11, 1935.)

      Winfred G. Allen and Jacob Marx for appellant.

      Ivan E. Maginn and Joseph L. Frieder for respondents.
   Judgment af&rmed, costs; no opinion.

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


text:
    379 Madison Avenue, Inc., Respondent, v. The Stuyvesant Company, Appellant.
    (Argued June 7, 1935;
    decided July 11, 1935.)

      Manheim Rosenzweig and James Carroll for appellant.

      Seth B. Robinson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Andrew H. Miller, Appellant, v. Town of Irondequoit, Respondent, Impleaded with Others.
    (Argued June 7, 1936;
    decided July 11, 1936.)

      Heiby W. Ungerer for appellant.

      George R. Lunn, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    (Argued June 7, 1935;
    decided July 11, 1935.)

      Frederick C. Dowd for appellant.

      Isaac R. Swezey, Robert T. Oliver and Theodore I. Colyer for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The of the State of New York, Respondent, v. Frank Handler, Appellant.
    (Argued June 7, 1935;
    decided July 11, 1935.)

      Frank G. Raichle, Emery S. Tucker, Arthur J. Block and Marvin M. Marcus for appellant.

      Walter C. Newcomb, District Attorney (Wellington J. Wetherbee of counsel), for respondent.
   Judgment affirmed; 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. Joseph Zeiler, Appellant.
    (Argued June 7, 1935;
    decided July 11, 1935.)

      William E. Kennedy and Charles H. Ellner for appellant.

      Charles P. Sullivan, District Attorney (Mordecai Kono-witz of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, Harry Bach, Appellant.
    (Argued June 7, 1935;
    decided July 11, 1935.)

      Benjamin B. Wesley for appellant.

      Charles P. Sullivan, District Attorney (Mordecai Kono-witz of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Dennis P. Creedon, Appellant, v. Automatic Voting Machine Corporation, Respondent.
    (Submitted June 7, 1935;
    decided July 11, 1935.)

      Arthur J. Foley for appellant.

      Alexander S. Carlson, Edmund Port and Milton Macht for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The Washington Post Publishing Company, Respondent, v. Tribune Company et al., Appellants.
    (Argued June 10, 1935;
    decided July 11, 1935.)

      Harry H. Van Aken, Manheim Bosenzweig, Arthur Moynihan and C. Coudert Nast for appellants.

      Alfred A. Cook, Frederick F. Greenman and Ben Herz-berg 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:
    Peter Librizzi, Respondent, v. The State of New York, Appellant.
    (Claim No. 22289.)
    (Argued June 10, 1935;
    decided July 11, 1935.)

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

      Maurice Brandt and Victor Levin 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:
    Rosa Martorella, Respondent, v. The Prudential Insurance Company of America, Appellant.
    (Submitted June 10, 1935;
    decided July 11, 1935.)

      Arthur J. Foley for appellant.

      Leo 0. Coupe and Henry F. Coupe 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:
    David Adress et al., as Administrators of the Estate of Bertha Adress, Respondents, v. Nicholas Mormando, Defendant, and Regent Construction Co., Inc., Appellant.
    (Argued June 10, 1935;
    decided July 11, 1935.)

      Clarence S. Zipp and James B. Henney for appellant.

      Samuel Hart and Charles Levy for respondents.
   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, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Rose Segal, Respondent, v. Marie Fajman, Appellant, Impleaded with Others.
    (Argued June 10, 1935;
    decided July 11, 1935.)

      Albert W. Sibeh for appellant.

      Nathan A, Goldenthal for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Alfred J. Lindsay, Appellant.
    (Argued June 11, 1935;
    decided July 11, 1935.)

      G. Sydney Shane and Cornelius J. McCarthy for appellant.

      A. Edward Krieger, District Attorney, for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Herman Ginsburg et al., Appellants, v. J. Frank Smith et al., Respondents.
    (Argued June 11, 1935;
    decided July 11, 1935.)

      Martin Lippman for appellants.

      Abraham Shamos and Frank H. Foley for respondents.
   Judgment affirmed, costs; no opinion.

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


text:
    Louis Kramer, Respondent, v. Relgov Realty Co., Inc., et al., Appellants.
    (Argued June 11, 1935;
    decided July 11, 1935.)

      Arnold T. Koch, Basil O'Connor, Earle R. Koons and Otto A. Samuels for appellants.

      Arthur Kahr for respondent.

      Alfred Roelker, Harry Sammet and Julian D. Rosenberg for Julius Heynen, amicus curiae.

   Judgment of the Appellate Division reversed and order of the Special Term affirmed, with costs in this court and in the Appellate Division. (Klinke v. Samuels, 264 N. Y. 144; City Bank Farmers Trust Co. v. Ardlea Corp., 267 N. Y. 224.) No opinion.

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


text:
    Wesley A. Roche, Appellant, v. James J. Sexton et al., as Commissioners of Taxes and Assessments of the City of New York, Defendants, and Knickerbocker Village, Inc., Respondent.
    (Argued June 11, 1935;
    decided July 11, 1935.)

      Isaac Hyman and Joseph Perlstein for appellant.

      H. Nordlinger, Harold Riegehnan and J. M. Dinnes 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:
    Dora Levine, Appellant, v. Title Guarantee and Trust Company, Respondent.
    (Argued June 11, 1935;
    decided July 11, 1935.)

      Samuel Lorvan for appellant.

      Richard S. Holmes for respondent. ■
   Judgment affirmed, with costs; no opinion.

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


text:
    Lackawanna Steel Construction Corporation, Respondent, v. Adams Bros. Construction Corporation, Appellant, Impleaded with Another.
    (Argued June 11, 1935;
    decided July 11, 1935.)

      Louis B. Williams and Francis Bergan for appellant.

      Ray M. Stanley for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John Both, Respondent, Andrew Weston, Appellant.
    (Submitted June 11, 1935;
    decided July 11, 1935.)

      Kenneth M. Spence and James H. Halpin for appefiant.

      Isidore Siegeltuch and Myron Butler for respondent.
   Judgment affirmed, with costs; no opimon.

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


text:
    Bertine Cook, Appellant, v. The Great Atlantic and Pacific Tea Company, Respondent. Arbor Cook, Appellant, v. The Great Atlantic and Pacific Tea Company, Respondent.
    (Submitted June 11, 1935;
    decided July 11, 1935.)

      Walter S. Forsyth for appellants.

      Carlyle B. Newcomb and Stephen K. Pollard for respondent.
   In each case, 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, Htjbbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Thomas Leech, Respondent, v. County of Albany, Appellant.
    (Submitted June 11, 1935;
    decided July 11, 1935.)

      Walter L. Collins, County Attorney (George W. Foy of counsel), for appellant.

      Edmund L. Kane and Ira H. Michael for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Maurice J. Burns, Appellant, against Edward J. Flynn, as Secretary of the State of New York, et al., Respondents.
    (Argued July 11, 1935;
    decided July 11, 1935.)

      James A. Smyth and George W. Tucker for appellant.

      John J. Bennett, Jr., Attorney-General (Henry Epstein of counsel), for Edward J. Flynn, Secretary of State, respondent.

      Paul Windels, Corporation Counsel (Paxton Blair and Bussell Lord Tarbox of counsel), for The Board of Elections in the City of New York, respondent.
   Order affirmed, without costs. Apportionment is a duty placed by the Constitution on the Legislature, over which the courts have no jurisdiction. No opinion.

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


text:
    In the Matter of Leo L. Appellant, against Michael J. Cruise, as City Clerk of the City of New York, et al., Respondents.
    (Argued July 11, 1935;
    decided July 11, 1935.)

      Harry J. Winick for appellant.

      Paul Windels, Corporation Counsel (Paxton Blair and Russell Lord Tarbox of counsel), for respondents.

      Samuel D. Lasky and George M. Aronwald for Lewis A. Abrams, intervener.

      E. Ivan Rubenstein and George Rosling for George J. Joyce, intervener.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Harold S. W. MacFarlin, Appellant, against Thomas P. O’Leary, as City Clerk of the City of Rochester, Respondent.
    (Argued July 11, 1935;
    decided July 11, 1935.)

      Eugene Raines, Charles L. Pierce and John Van Voorhis for appellant.

      Harold P. Burke, Corporation Counsel, for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Benjamin Salducco, Respondent, v. Simon Etkin, as City Clerk of the City of Schenectady, et al., Appellants.
    decided July 11, 1935.)

      Richmond D. Moot for Philip L. Alger et al., appellants.

      Nathaniel B. Spalding for East End Civic Improvement Association, intervener, appellant.

      Ettore Mancuso for respondent.
   Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division. We are of the opinion that the special election ordered pursuant to section 19 of chapter 444 of the Laws of 1914 was legally held on election day (November 6, 1934). We are also of the opinion that the notice was a substantial compliance with the statute. 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. Howard F. Berkey et al., Appellants, against Bernard H. Foley, Constituting the Board of Assessors of the Village of North Tarrytown, et al., Respondents.
    (Submitted June 10, 1935;
    decided July 11, 1935.)

      Angelo E. Zíngaro for motion.

      Winfield L. Morse opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    M. J. Federman Co., Inc., Respondent, v. The American Insurance Company, Appellant.
    (Submitted June 10, 1935;
    decided July 11, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 267 N. Y. 380.)


text:
    Kenlon Coal Company, Inc., et al., Appellants, v. Bridge Authority et al., Respondents.
    (Argued June 10, 1935;
    decided July 11, 1935.)

      Paul Windels, Corporation Counsel (Alvin McKinley Sylvester and Seymour B. Quel of counsel), for motion.

      Myron J. Kleban opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Felix Gutkind, Respondent, v. George Lueders and Company, Appellant.
    (Submitted June 10, 1935;
    decided July 11, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 267 N. Y. 320.)


text:
    Taendsticks Fabrik Aktiebolaget et al., Plaintiffs, v. Bankers Trust Company of New York, Respondent, and Edward S. Greenbaum, as Trustee in Bankruptcy of Aktiebolaget Kreuger & Toll, Appellant, Impleaded with Others.
    (Submitted June 11, 1935;
    decided July 11, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 492.)


text:
    In the Matter of Jack Nagelberg et al., Appellants and Respondents, against James E. Finegan et al., Constituting the Municipal Civil Service Commission, et al., Respondents and Appellants.
    (Submitted July 11, 1935;
    decided July 11, 1935.)
   Motion to amend remittitur denied and stay vacated. This court is bound by the record on appeal and cannot amend it on motion. Section 31 of the Civil Service Law (Cons. Laws, ch. 7), as amended by chapter 660 of the Laws of 1934, sustains the contention of the.petitioners herein. (See 267 N. Y. 632.)


text:
    George Robertson, Respondent, v. John Ringling et al., Individually and as Copartners under the Name of Ringling Bros.-Barnum and Bailey Combined Shows, Appellants.
    (Submitted July 11, 1935;
    decided July 11, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 541.)


text:
    In the Matter of Edward J. Reilly, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      Maurice Edelbaum and Nathan J. Paulson for appellant.

      Nathan J. Paulson for Charles M. Andrews, amicus curice.

      Paul Windels, Corporation Counsel (Paxton Blair of counsel), for The Board of Elections of the City of New York, respondent.

      Edward H. Levine, Martin M. Goldman and J. W. Friedman for Peter J. Brancato et ah, respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of John F. Hughes, Appellant, against William Mulqueen et al., Respondents.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      Herman Hoffman, Walter E. Godfrey, Nathan B. Gurock and Cornelius J. Smyth for respondents.
   Order affirmed, without costs; no opinion.

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


author: Per Curiam.

text:
    In the Matter of the Application of Lester Baum, Respondent. George Z. et al., as a Committee to Fill Vacancies, Appellants. In the Matter of the Application of George J. Mintzer et al., Appellants. Morton Baum et al., as a Committee to Fill Vacancies, Respondents. In the Matter of the Application of Rose Isaacs et al., Appellants. Morton Baum et al., as a Committee to Fill Vacancies, Respondents. In the Matter of the Application of William J. Peiper, Jr., Appellant. Morton Baum et al., as a Committee to Fill Vacancies, Respondents,
    (Argued September 9, 1935;
    decided September 9, 1935.)

      Charles H. Tuttle, I. Arnold Boss, Max Tachna and Abraham Barnett for appellants.

      Frederick F. Greenman, Henry Cohen and Nathan E. Percy for respondents.
   Per Curiam.

The statements of subscribing witnesses to petitions substantially complied with the provisions of section 135 of the Election Law (Cons. Laws, ch. 17), as amended by chapter 955 of the Laws of 1935. This case differs from Matter of Dorsey v. Cohen (268 N. Y. 620), decided herewith, in that there was no substantial compliance with the statute in the Dorsey case.

The order of the Appellate Division which approved the action of the Election Board in refusing to file such petitions should be reversed and the Election Board directed to file such petitions.

The orders of the Appellate Division in other respects should be affirmed.

The orders should be modified in accordance with this memorandum and as so modified affirmed, without costs.

Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur; Crane, Ch. J., votes to affirm in all particulars.

Ordered accordingly.


text:
    In the Matter of Edward H. Beck, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      Vincent L. Leibell and Walter Bishop for appellant.

      Paul Windels, Corporation Counsel (Paxton Blair of counsel), for The Board of Elections of the City of New York, respondent.

      Irving H. Saypol, John G. Dyer and Leo Kotter for Democratic County Committee, intervening-respondent.
   Order of the Appellate Division reversed and that of the Special Term affirmed, without costs; no opinion.

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


text:
    In the Matter of Martin J. Flam, Appellant, against John E. Hand, Respondent.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      J. Sidney Bernstein, Samuel D. Macpealc, John F. Fitzpatrick and Henry H. Abramowits for appellant.

      Joseph Sterling and Robert H. Sterling for respondent.
   Orders reversed, without costs, and petitions ordered to be stricken from files of Board of Elections. No opinion.

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


text:
    In the Matter of Thomas J. Dorsey, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Respondents.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      Thomas A. McGrath for appellant.

      Arthur G. Syr an for James P. Ryan, amicus curiae, in behalf of respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Eugene Faulkner, Appellant, against S. Howard Cohen et al., as Commissioners of Election of the City of New York, Respondents.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      S. Stanley Kreutzer for appellant.

      Aaron Benenson for respondents.
   Appeal dismissed, without costs, as there is no constitutional question involved. No opinion.

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


text:
    In the Matter of Clarence B. Farrell, Appellant, against Ferdinand Q. Morton et al., Respondents.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      Irwin Isaacs for appellant.

      Benjamin M. Levy for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of William M. Powers, Respondent, against Daniel F. Coughlin, Appellant.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      William Gitelman, David Shapiro and Max Hendler for appellant.

      Ellwood M. Rabenold for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Charles A. Loreto, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    (Argued September 9, 1935;
    decided September 9, 1935.)

      Charles A. Loreto, in person, and Louis Cohen for appellant.

      Sidney Sugarman and John T. Power for Christopher C. McGrath et al., respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Antoinette Bibbo, as Administratrix of the Estate of Alfred A. Bibbo, Deceased, Appellant, v. The Penn Mutual Life Insurance Company, Respondent.
    (Argued March 7, 1935;
    decided October 1, 1935.)

      Maurice Danson and Ludwig Mandel for appellant.

      Francis O. Affeld, Sd, and Allen T. Klots for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Louis Robbins, Appellant, v. The Travelers Insurance Company, Respondent.
    (Argued September 30, 1935;
    decided October 8, 1935.)

      Bernard J. McGlinn for motion.

      Louis B. Davidson opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Probate of the Will of John C. Cassidy, Deceased. Juliette B. Bevington, Individually and as Executrix of John C. Cassidy, Deceased, Appellant; Edward R. Cassidy et al., Respondents.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Edouard L. Dunne and Henry F. Cochrane for motion.

      George J. Halt, M, and John T. Cahill opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Fred G. Weyhrauch, as Administrator of the Estate of Anna Weyhrauch, Deceased, Appellant, v. George Miller, Defendant, and Unity Hospital, Respondent.
    (Submitted September 30, 1935;
    decided October 8, 1935.)
   Motion for reargument of motion to dismiss appeal or to compel respondent to accept notice of appeal denied, with ten dollars costs and necessary printing disbursements. (See 266 N. Y. 616.)


text:
    Royal Indemnity Company, Respondent, v. The Travelers Insurance Company, Appellant.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Barnett Cohen for motion.

      William J. Moran opposed.


text:
    John Byrne et al., Copartners, under the Firm Name of Byrne & Bowman, Appellants, v. Thomas F. Barrett, Respondent.
    (Submitted September 30, 1935;
    decided October 8, 1935.)


text:
    Grace E. Stone, as Administratrix of the Estate of Bernice Stone, Deceased, Respondent, v. The Prudential Insurance Company of America, Appellant.
    (Submitted September 30, 1935;
    decided October 8, 1935.)


text:
    Morris A. Jacobowitz et al., Appellants, v. Charles J. Herson, Defendant, and Sander Metselaar Respondent.
    (Submitted September 30, 1935;
    decided October 8, 1935.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 130.)


text:
    Pietro Sardone, Appellant, Joseph Diamond HoldCo., Inc., Respondent, Impleaded with Another.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      William Both for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    Melvin Herman, Respondent, Albert K. Gutman et al., Individually and as Directors and Officers of Stern & Gutman, Inc., et al., Appellants.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Edward J. Gould opposed.
   Motion granted and appeal dismissed, with, costs and ten dollars costs of motion.


text:
    In the Matter of Thomas O’Keefe, Respondent, against Joseph H. Wilson, as Warden of Great Meadow Prison, Appellant.
    (Submitted September 30, 1935;
    decided October 8, 1935.)


text:
    Sparkill Realty Corporation et al., Respondents, v. The State of New York, Appellant.
    (Claim No. 19587.)
    (Submitted September 30, 1935;
    decided October 8, 1935.)


text:
    In the Matter of Frank E. Merriweather, Respondent, against Carroll J. Roberts et al., as Members of the Board of Health of the City of Buffalo, et al., Appellants.
    (Submitted September 30, 1935;
    decided October 8, 1935.)


text:
    Walter N. Smith, Appellant, v. F. H. LaGuardia, as Mayor of the City of New York, et al., Respondents.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Paul Windels, Corporation Counsel (Paxton Blair of counsel), for motion.

      Walter N. Smith, in person, opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Edward E. Hoenig for motion.

      Murray H. Yachin and Copal Mintz opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements.


text:
    In the Matter of the Accounting of Minnie A. as Executrix of Arthur T. Kernan, Deceased, Appellant. Earl N. Buffett, Respondent.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      George H. Carleton for motion.

      James C. Danzilo opposed.


text:
    Barnett Budoff et al., Respondents, v. Benjamin Jaffe, Appellant, Impleaded with Others.
    (Argued September 30, 1935;
    decided October 8, 1935.)

      Joseph H. Robins for motion.

      Benjamin Jaffe, in person, and Meyer Levy opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Bert Whitson, Appellant, v. Benjamin Bachrack et al., Respondents.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Irving D. Lipkowitz and William H. Lipkowitz for motion.

      Emil K. Ellis opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Accounting of The Chase National Bank of the City of New York et al., as Executors of William H. Nelson, Deceased. The Chase National Bank of the City of New York, as Trustee under the Will of William H. Nelson, Deceased, et al., Appellants. The Chase National Bank of the City of New York, as Executor of William H. Nelson, Deceased, et al., Respondents.
    (Submitted September 30, 1935;
    decided October 8, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 255.)


text:
    George F. Murphy et al., Appellants, v. Wilbur K. Hitchcock et al., Respondents.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Henry J. Logan and A. H. F. Seeger for motion.

      Oliver H. King opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
      John J. O’Leary for motion.

      Abraham, L. Doris opposed.
   Motion denied, with ten dollars costs.


text:
    Albert S. Goldberg et al., as Receivers of the Equitable Merchants Association, Inc., Appellants, v. Clifford T. Weihman, Respondent, Impleaded with Others.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      John J. Curtin for motion.

      Alexander Slater opposed.
   Motion denied, without costs.


text:
    Katharine A. Haggerty, as Administratrix of the Estate of John J. Haggerty, Deceased, Respondent, v. The City of New York, Appellant.
    (Submitted September 30, 1935;
    decided October 8, 1935.)


text:
    Anthony Labieko, Appellant, v. American Piano Company et al., Respondents.
    (Submitted October 7, 1935;
    decided October 8, 1935.)

      Harold H. Barnsdale for motion.

      William L. Clay opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking and pays ten dollars costs "within ten days, in which event the motion is denied.


text:
    Earl Daffer et al., as Executors of Mary Leonard, Deceased, Respondents, v. Brooklyn Savings Bank, Defendant, and Jane Larkin, Appellant.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      Honour B. Gelson for motion.

      Hyman D. Rapps opposed.
   Motion denied, with ten dollars costs.


text:
    In the Matter of the Probate of the Will of Isaac Meltzer, Deceased. Joseph Meltzer, Appellant; Ida Meltzer, Respondent.
    (Submitted September 30, 1935;
    decided October 8, 1935.)

      John D. Lyons for motion.

      Michael Halperin opposed.
   Motion denied, without costs.


text:
    Florence Blaufeld, Respondent, v. Dorothy Hyams, Appellant.
    (Submitted October 7, 1935;
    decided October 8, 1935.)

      Sidney I. Prayer for motion.

      Henry A. Blumenthal opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaking is filed within ten days and appellant pays ten dollars costs, in which event the motion is denied.


text:
    Elizabeth Morris, Appellant, v. Albany Hotel Corporation, Defendant, and The Ten Eyck Company, Inc., Respondent.
    (Argued September 30, 1935;
    decided October 15, 1935.)

      Ernest B. Morris for appellant.

      Edward S. Rooney for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

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


text:
    Cora A. Countryman, Appellant, v. Donald H. Breen, Respondent. Gershon J. Countryman, Appellant, v. Donald H. Breen, Respondent.
    (Argued September 30, 1935;
    decided October 15, 1935.)

      Loren E. Harter for appellants.

      Francis E. Cullen for respondent.
   In each case, order affirmed, with costs. First question certified answered in the negative. Second question certified not answered. No opinion.

Concur: Lehman, O’Brien, Htjbbs, Crouch, Lough-ran and Finch, JJ. Dissenting: Crane, Ch. J.


text:
    Jacob I. Wiener, Appellant, v. Louis N. Ellrodt, Individually and as Former Sheriff of the County of Westchester, Respondent.
    (Argued September 30, 1935;
    decided October 15, 1935.)

      Jacob I. Wiener in person, Jack Low and Joseph Melcer for appellant.

      John A. Krug and A. Davidson for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Royal Development Company, Appellant, v. John J. Bennett, Jr., as Attorney-General of the State of New York, Respondent.
    (Argued September 30, 1935;
    decided October 15, 1935.)

      David H. Shearer and Adolph J. Rodenbeck for appellant.

      John J. Bennett, Jr., Attorney-General {Henry Epstein and James P. Cotter, of counsel), for respondent.
   Order affirmed, with costs, and question certified answered in the negative. 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. Walker Engraving Corporation, Appellant, against Mark Graves et al., Constituting the State Tax Commission, Respondents.
    (Submitted October 1, 1935;
    decided October 15, 1935.)

      William Harvey Smith and H. Schieffelin Sayers for appellant.

      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, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Marshall et al., Respondents, against Oswego County Council Boy Scouts of America et al., Appellants. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 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 Sally Unger, Respondent, against New York Sportwear Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

      F. A. W. Ireland 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:
    In the Matter of the Claim of Norman J. Wall, Respondent, against Robins Conveying Belt Company et al., Appellants. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

      William, B. Davis and E. C. Sherwood for appellants.

      John J. Bennett, Jr., Attorney-General (.Hector A. Bobichon 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 Charles L. Jacobi, Respondent, against Supreme Junior Coat Co., Inc., et al., Respondents, and Jacob Samuelson & Company, Inc., et al., Appellants. State Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

      Frank L. Ward for appellants.

      William B. Davis and E. C. Sherwood for Supreme Junior Coat Co., Inc., et al., respondents.

      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 Mae Bettinger, Respondent, against Federal Concrete Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

      Frank L. Ward for Federal Concrete Co., Inc., and iEtna Life Insurance Company, appellants.

      J.TI. Dominick for Forrest S. Hart & Son, Inc., appellant.

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

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


text:
    In the Matter of the Claim of Corrie Turner, against Cathedral Publishing Company, Inc., et al., Respondents. State Industrial Board, Appellant.
    (Argued October 1, 1935;
    decided October 15, 1935.)

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

      Louis A. Garbarini and Joseph F. Hanley for respondents.
   Order affirmed, with costs against 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 Hippolyte Bonnafoux, Appellant, against Downtown Athletic Club et al., Respondents. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

      Jeremiah F. Connor for appellant.

      Sydney Weitzer for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loug-hran and Pinch, JJ.


text:
    In the Matter of the Claim of Nan W. Theyken, Respondent, against Diplomat Products, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

      Jeremiah F. Connor for appellants.

      Carl J. Heyser for claimant, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Katarzyna Zmuda, Respondent, against Delaware, Lackawanna and Western Railroad Company, Appellant. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

      Evan Hollister for appellant.

      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 Peter Haverhals, Respondent, against Theodore et al., Appellants. State Industrial Board, Respondent.
    (Submitted October 1, 1935;
    decided October 15, 1935.)

      Leo F. Potts and Daniel Mungall for appellants.

      Anthony Blasi and Frederick H. Cunningham for claimant, respondent.

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

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


text:
    In the Matter of the Claim of Bertha Roth, against Harlem Funeral Car Company et al., Respondents. State Industrial Board, Appellant.
    (Argued October 1, 1935;
    decided October 15, 1935.)

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

      Bernard F. Farley and Frederick Mellor for respondents.
   Order affirmed, with costs against the State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of Raymond W. McDonald, against Belle Terre Lodge et al., Appellants. State Industrial Board, Respondent.
    (Argued October 1, 1935;
    decided October 15, 1935.)

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

      John J. Bennett, Jr., Attorney-General (Boy Wiedersum of counsel), for State Industrial Board, respondent.
   , Order of the Appellate Division and award of the State Industrial Board reversed and claim dismissed, with costs. The typhoid was not proved to be the result of an accidental injury. No opinion.

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


text:
    Dorothy Ford, as Administratrix of the Estate of Dennis Ford, Deceased, Respondent, v. The Grand Union Company, Appellant.
    (Submitted October 14, 1935;
    decided October 15, 1935.)


text:
    Land Finance Corporation, Appellant, v. Frank Giorgio, Jr., as Trustee in Bankruptcy of Nox Realty Corporation, Respondent.
    (Submitted October 7, 1935;
    decided October 15, 1935.)

      Robert Daru for motion.

      Leopold Blumberg opposed.
   Motion denied, with ten dollars costs.


text:
    Joseph A. Broderick, as Superintendent of Banks of the State of New York, Respondent, v. Max Aaron et al., Defendants, and Abe Kessler et al., Appellants.
    (Submitted September 30, 1935;
    decided October 15, 1935.)


text:
    (Submitted September 30, 1935;
    decided October 15, 1935.)

      Herbert J. Ryan and James R. Lyttle for motion.

      Irwin Panken opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Colin A. Stephenson, Respondent, v. The Go-Gas Company et al., Appellants.
    (Submitted October 14, 1935;
    decided October 15, 1935.)


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.
    (Submitted October 14, 1935;
    decided October 15, 1935.)

      Thomas B. Wheeler for motions.
    No one opposed.
   Motions granted and appeals dismissed, with costs and ten dollars costs of motions, unless appellants serve briefs and pay ten dollars costs within ten days, in which event the motions are denied.


text:
    In the Matter of the Board of Supervisors of Westchester County, Respondent, Relative to the Acquisition of Certain Lands for Right of Way Purposes. Joseph C. Baldwin, Appellant.
    (Submitted October 7, 1935;
    decided October 15, 1935.)

      William A. Davidson, County attorney (Frank J. Clay-don of counsel), for motion.

      Benjamin J. Brown opposed.
   Motion denied.


text:
    In the Matter of the Claim of Philip Respondent, against Merchants’ Despatch, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Submitted October 7, 1935;
    decided October 15, 1935.)
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended to provide as follows: “ Order affirmed, with one bill of costs to respondents.” (See 268 N. Y. 508.)


text:
    Manufacturers Trust Company, Appellant, v. Richard E. Weldon, Respondent.
    (Submitted October 7, 1935;
    decided October 15, 1935.)


text:
    In the Matter of the Accounting of Julius Lehrenkrauss et al., as Executors of Wilhelmine Deceased. Frieda H. Leiding et al., Appellants; Julius Lehrenkrauss et al., as Executors, et al., Respondents.
    (Submitted October 14, 1935;
    decided October 15, 1935.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 522.)


text:
    The New York Edison Company, Inc., Respondent, v. The City of New York et al., Appellants.
    (Argued October 16, 1935;
    decided October 22, 1935.)

      Paul Windels, Corporation Counsel (.Joseph L. Weiner and Henry B. Bright of counsel), for appellants.

      Joseph M. Proskauer, Randall J. Le Boeuf, Jr., Horace B. Lamb and J. Alvin Van Bergh for respondent.
   Order affirmed, with costs, on the authority of Matter of Tierney v. Cohen (268 N. Y. 464). Second, third and fourth questions certified answered in the negative; other questions certified answered in the affirmative. No opinion.

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


text:
    Gertrude C. Armstrong, Appellant, v. B. Wheeler Dyer et al., Defendants, and J. Oakley Hobby, Jr., et al., Respondents.
    (Argued October 2, 1935;
    decided October 22, 1935.)

      Ralph G. Albrecht, Martin A. Meyer, Jr., and Gerald J. McMahon for appellant.

      Sidney J. Berger for respondents.
   Order affirmed, with costs, and questions certified answered in the negative. No opinion.

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


text:
    In the Matter of James V. Petrillo, Respondent, against John Lynn, as Comptroller of the City of Mount Vernon, Appellant.
    (Argued October 2, 1935;
    decided October 22, 1935.)

      Frank A. Bennett, Corporation Counsel (Harry Krauss of counsel), for appellant.

      Frank F. Palmison 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 the Estate of Walter H. Filor, Deceased. Fannie A. Filor, Appellant; Mabel T. Filor et al., as Executors of Walter H. Filor, Deceased, et al., Respondents.
    (Submitted October 2, 1935;
    decided October 22, 1935.)

      John J. Meara for appellant.

      Henry S. Hooker and Raymond D. Thurber for respondents.
   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 Edna M. Young, as Administratrix of the Estate of Burton J. Young, Deceased, Respondent, against Town of Kortright, Appellant.
    (Submitted October 2, 1935;
    decided October 22, 1935.)

      Hamilton J. Hewitt for appellant.

      Austin W. Erwin for Town of West Sparta, amicus curiae.

      Donald H. Grant and Harry R. Bigelow, Jr., for respondent.

      Seth T. Cole for Firemen’s Association of the State of New York, amicus curiae.

   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Leo Barry et al., Appellants, against James E. Condon et al., Constituting the Municipal Civil Service Commission of the City of Utica, et al., Respondents. In the Matter of George E. Debbold et al., Appellants, against James E. Condon et al., Constituting the Municipal Civil Service Commission of the City of Utica, et al., Respondents.
    (Argued October 2, 1935;
    decided October 22, 1935.)

      M. Francis Malone for appellants.

      Edward L. O’Donnell for Harold J. Gadsby et al., respondents.

      Jacob Tumposky, Corporation Counsel (Ernest E. DeRosa of for Municipal Civil Service Commission et al., respondents.
   In each proceeding, appeal dismissed, with costs. We find no constitutional question involved. No opinion.

Crane, Ch. J., Lehman, Hobbs, Crooch, Looghran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Elmer Hawk, Appellant.
    (Submitted October 2, 1935;
    decided October 22, 1935.)

      W. J. Relihan for appellant.

      Donald W. Kramer, Assistant District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of the City of New York, Relative to Acquiring Title to Real Property Required for Widening Chrystie and Other Streets in the Borough of Manhattan. Nathan Himowich, Appellant; Joseph D. McGoldrick, as Comptroller of the City of New York, et al., Respondents.
    (Argued October 3, 1935;
    decided October 22, 1935.)

      S. G. Nissenson for appellant.

      Paul Windels, Corporation Counsel (Paxton Blair, Anson Getman and Joseph F. Mulqueen, Jr., 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 City of New York, Respondent, Relative to Acquiring Title to Real Property Required for Opening and Extending Union Turnpike and Other Streets in the Borough of Queens. Glen Oaks Holding Co., Inc., Appellant.
    (Argued October 3, 1935;
    decided October 22, 1935.)

      Henry Herz, Isaac E. Bermant, Jacob W. Bermant and Bernard L. Bermant for appellant.

      Paul Windels, Corporation Counsel (Leonard W. Wall-stein, Samuel D. Smoleff and Arthur H. Indell of counsel), for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of Clifford B. Moore, Appellant, against George U. Harvey, as President of the Borough of Queens, et al., Respondents.
    (Argued October 3, 1935;
    decided October 22, 1935.)

      Boy P. Monahan S. Bertram Friedman for appellant.

      Paul Windels, Corporation Counsel (Paxton Blair and Edmund L. Palmieri of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Anthony Rera, Appellant, against Lewis E. Lawes, as Warden of Sing Sing Prison, et al., Constituting the Prison Board of Sing Sing Prison, et al., Respondents.
    (Argued October 3, 1935;
    decided October 22, 1935.)

      David H. Moses for appellant.

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

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


text:
    In the Matter of Fred Brenchley, Appellant, against Trust Company of North America, Respondent.
    (Argued October 3, 1935;
    decided October 22, 1935.)
   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 Grade Crossing and Terminal Station Commission of the City of Buffalo, Respondent, Relative to Change of Grade of Clinton Street. City of Buffalo et al., Appellants; Carl Miller, Inc., Respondent.
    (Argued October 4, 1935;
    decided October 22, 1935.)

      Gregory U. Harmon, Corporation Counsel {Jeremiah J. Hurley of counsel), for City of Buffalo, appellant.

      Louis L. Babcock for Delaware, Lackawanna and Western Railroad Company, appellant.

      Ralph K. Robertson, Albert M. Kraus and John J. Sullivan, Jr., for Carl Miller, Inc., respondent.

      John H. Little and DeWitt Clinton for Grade Crossing and Terminal Station Commission of the City of Buffalo, 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 Harry B. Frank, Respondent, against Hub Liquors, Inc., et al., Appellants.
    (Argued October 4, 1935;
    decided October 22, 1935.)

      Nelson Ruttenberg, Lester H. Schreiber and Monroe I. Katcher, II, for State Liquor Authority, appellant.

      Harry B. Frank, David Goldstein and Lawrence Kovalsky for respondent.
   Order affirmed, with costs to petitioner-respondent; no opinion.

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


text:
    In the Matter of Dunbar & Sullivan Dredging Company, Respondent, against Fidelity and Deposit Company of Maryland, Appellant.
    (Argued October 4, 1935;
    decided October 22, 1935.)

      P. C. Dugan for appellant.

      George H. Rothlauf for respondent.
   Orders affirmed, with costs; no opinion.

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


text:
    Matter of Nathan Associates, Inc., Appellant. Murray Hill Construction Corporation et al., Respondents.
    (Submitted October 5, 1935;
    decided October 22, 1935.)

      Theodore H. Mahnud, Leo D. Politzer and Jerome S. Adlerman for appellant.

      Harold D. Scharf and George M. Jaffin for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Conrad Olsen et al., Appellants, v. Brooklyn Ash Removal Co., Inc., Respondent.
    (Submitted October 7, 1935;
    decided October 22, 1935.)

      Isidore Beerman for appellants.

      Josiah A. Stover for respondent.
   Order affirmed, with costs, and question certified answered in the negative. No opinion.

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


text:
    The People of the State of New York ex rel. John Jobissy, Appellant, against Thomas H. Murphy, as Warden of Clinton Prison, Respondent.
    (Argued October 7, 1935;
    decided October 22, 1935.)

      Charles A. White for appellant.

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

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


text:
    Elizabeth McCormack, Respondent, v. B. F. Keith Corporation, Appellant.
    (Argued October 7, 1935;
    decided October 22, 1935.)
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Probate of the Will of Annie Deceased. Edith L. Salter et al., Appellants; Claudine Tobin et al., as Executors of Annie Link, Deceased, Respondents.
    (Argued October 8, 1935;
    decided October 22, 1935.)

      Harold R. Medina, Benjamin H. Trask, Joseph A. Beehan, James D. Carroll, John W. Jordan and William E. Beehan for appellants.

      Hugo Wintner, Robert J. Fox, John G. Markey and Edwin C. Mulligan for respondents.
   Order affirmed, with costs payable out of the estate; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Jeff Brown and Percy Morris, Appellants.
    (Argued October 8, 1935;
    decided October 22, 1935.)

      Edward W. McDonald and Abraham H. Brown for Jeff Brown, appellant.

      Frederick J. Sullivan and Harry Elegant for Percy Morris, appellant.

      William Copeland Dodge, District Attorney (Felix C. Benvenga and Philip A. Donahue of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Ernest Maggard, Appellant.
    (Argued October 8, 1935;
    decided October 22, 1935.)

      Samuel Salim for appellant.

      Martin W. Littleton, District Attorney (Philip Huntington of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Joseph Loporto et al., Appellants, v. The Druiss Company, Inc., Respondent, Impleaded with Another.
    (Argued October 8, 1935;
    decided October 22, 1935.)

      Philip Bongiorno for appellant.

      Edward J. Mastaglio, 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 Johnson et al., Respondents, v. William Meyer, Appellant.
    (Argued October 8, 1935;
    decided October 22, 1935.)

      Benjamin Kaplan for appellant.

      Friend H. Miller for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mathilda Wittwer, as Executrix of Gottfried Wittwer, Deceased, Respondent, v. Frank E. Goldstein, Defendant, and The Syracuse Trust Company, as Executor and Trustee under the Will of Henry Frank, Deceased, Appellant.
    (Argued October 8, 1935;
    decided October 22, 1935.)

      Lionel 0. Grossman and Dominic S. Rizzo for appellant.

      Carlton F. Bown for Lewis, Bown, Johnson & Tobin, amici curice.

      Donald E. Carr for respondent.

      Clarence W. McKay for Wilbert A. Naramore et ah, amici curios.

   Judgment affirmed, with costs; no opinion.

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


text:
    Abraham Jacobs, Respondent, v. Samuel Tannenbaum, Appellant. Gertrude Suskend, Respondent, v. Samuel Tannenbaum, Appellant.
    (Submitted October 8, 1935;
    decided October 22, 1935.)

      David Rudin for appellant.

      Elias Bernstein and Arnold V. Schwartz for respondents.
   In each action, appeal dismissed, without costs; no opinion.

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


text:
    In the Matter of Ben Howe, Individually and as Chairman of the City Fusion Party, et al., Respondents, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and Kenneth F. Simpson, as Chairman of the Republican County Committee of New York County, et al., Appellants.
    (Argued October 21. 1935;
    decided October 22, 1935.)

      Gabriel L. Kaplan for Kenneth F. Simpson, appellant.

      A. David Benjamin for John R. Crews, appellant.

      Walter M. Weis for petitioners-respondents.

      Paul Windels, Corporation Counsel (Paxton Blair and Russell Lord Tarbox of counsel), for Board of Elections of City of New York, respondent.

      John T. Pooling for David H. Knott, respondent.

      Seymour Mark for Harry B. Chambers, respondent.

      E. Ivan Rubenstein for John J. Dorman, respondent.

      Charles Froessel, in person, respondent.

      John J. Bennett, Jr., Attorney-General (Henry Epstein of counsel), appearing in support of constitutionality of subdivision 4 of section 137 of Election Law.
   Order affirmed, without costs; no opinion.

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


text:
    Emma L. Brown, Respondent, v. George A. Holliday et al., Defendants, and Central Steinway Corporation, Appellant.
    (Submitted October 14, 1935;
    decided October 22, 1935.)

      Joseph J. Corn for motion.

      John L. Danzilo opposed.


text:
    Theodore Garrett, Respondent, v. City of Schenectady, Appellant.
    (Submitted October 14, 1935;
    decided October 22, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 219.)


text:
    The City of Mount Vernon, Respondent, v. Best Development Company et al., Defendants. Edward F. Hallaban, Appellant.
    (Submitted October 14, 1935;
    decided October 22, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 327.)


text:
    New York Title and Mortgage Company, by George S. Van Schaick, as Superintendent of Insurance, Appellant, Irving Trust Company, Respondent.
    (Submitted October 14, 1935;
    decided October 22, 1935.)


text:
    Rose Hagen, Appellant, v. Village of Montgomery, Respondent.
    (Argued October 9, 1935;
    decided October 25, 1935.)

      Henry Hirschberg and Isidore Shapiro for appellant.

      Philip A. Rorty and Thomas R. Hadaway for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Arthur W. Clement et al., as Executors and Trustees under the Will of Edward L. Graef, Deceased, Appellants, v. Bickford’s, Inc., Respondent.
    (Argued October 9, 1935;
    decided October 25, 1935.)

      Arthur W. Clement, Clarence B. Campbell and Philip S. Clarke for appellants.

      Abraham Lillienthal and Saul K. Ellenbogen for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    James E. Taylor, Appellant, v. Erie Railroad Company, Respondent, Impleaded with Others.
    (Argued October 10, 1935;
    decided October 25, 1935.)

      Henry Hirschberg for appellant.

      Elbert N. Oakes for respondent.
   Judgment affirmed, with costs; no opinion.


text:
    Frederick J. Longley et al., as Trustees, etc., Respondents, v. Harold J. Coons et al., Appellants.
    (Argued October 10, 1935;
    decided October 25, 1935.)

      R. Monell Herzberg and R. Waldron Herzberg for appellants.

      George C. Inman for respondents.
   Judgment affirmed, with costs; no opinion.


text:
    The People of the of New Pork, Respondent, v. Mary Hall, Appellant.
    (Submitted October 10, 1985;
    decided October 25, 1935.)

      Sol Rubin for appellant.

      Walter H. Ferris, District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of Noviak Holding Corporation, Appellant, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents.
    (Argued October 10, 1935;
    decided October 25, 1935.)

      William E. Kennedy and James Adikes for appellant.

      Paul Windels, Corporation Counsel (Paxton Blair and Herman J. McCarthy of counsel), for respondents.
   Order affirmed, with costs; no opinion.


text:
    Afgo Engineering Corporation, Respondent, v. The State of New York, Appellant.
    (Claim No. 23556.)
    (Argued October 11, 1935;
    decided October 25, 1935.)

      John J. Bennett, Jr., Attorney-General {Leon M. Layden and Henry Epstein of counsel), for appellant.

      Horace B. Casey for respondent.
   Judgment affirmed, with costs; no opinion.


text:
    In the Matter of William Breitenbach, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of County of Kings, et al., Respondents.
    (Argued October 24, 1935;
    decided October 25, 1935.)

      Abraham A. Berry for appellant.

      Charles Treibich and E. Ivan Rubenstein for John J. McCusker, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Culver Contracting Corporation against Burt J. Humphrey, a Justice of the Supreme Court of the State of New York. Burt J. Humphrey, a Justice of the Supreme Court, et al., Appellants; Culver Contracting Corporation et al., Respondents.
    (Submitted October 21, 1935;
    decided October 25, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 26.)


author: Crane, Ch. J.

text:
    The State Bank of Williamson, as Trustee, Plaintiff, v. Lamoka Power Corporation et al., Defendants. State Bank of Williamson, as Trustee, et al., Appellants; Wadsworth & Olmstead, Inc., Respondent.

      (Argued October 7, 1935;
    decided November 19, 1935.)

      Kenneth B. Keating and Keith D. Poland for appellants.
    A mortgage pledging any income creates an equitable lien which is perfected by possession by the mortgagee, or demand for and appointment of a receiver. (New York Life Ins. Co. v. Fulton, 265 N. Y. 348;
      Wyckoff v. Scofield, 98 N. Y. 475; Rider v. Bagley, 84 N. Y. 461; Sullivan v. Rosson, 223 N. Y. 217; Ranney v. Peyser, 83 N. Y. 1; Guaranty Trust Co. v. N. Y. & Q. C. Ry. Co., 253 N. Y. 190.) Such an equitable hen is valid against the mortgagor and all, transferees and creditors of the mortgagor except subsequent purchasers for value without notice, or attaching creditors or judgment creditors levying under execution at law, or general creditors in whose behalf an “ equitable ” or statutory attachment has been effected through sequestration proceedings under the General Corporation Law (Cons. Laws, ch. 23). (Diana Paper Co. v. Wheeler-Green Electric Co., 228 App. Div. 577; Rochester Distilling Co. v. Rasey, 142 N. Y. 570; Coats v. Donnell, 94 N. Y. 168; New York Security Trust Co. v. Saratoga G. & El. L. Co., 159 N. Y. 137; United States Trust Co. v. N. Y., W. S. & B. R. Co., 101 N. Y. 478; Matter of Jensen Co., 128 N. Y. 550; Reynolds v. Ellis, 103 N. Y. 115.) Section 130 of the Workmen’s Compensation Law (Cons. Laws, ch. 67) does not affect the questions on the appeal as the priority conferred by that section does not outrank or displace mortgage or other hens. (Schmidtman v. Atlantic Phosphate & Oil Carp., 230 Fed. Rep. 769; New York Title & Mortgage Co. v. Polk Arms, Inc., 262 N. Y. 21.)

      Lewis P. Smith, Jr., for respondent.
    The respondent is entitled to have its claim paid out of moneys collected by the receiver for power furnished and rentals accrued prior to his appointment and taking possession of the property. (New York Security Trust Co. v. Saratoga G. & El. L. Co., 159 N. Y. 137; Zartman v. First Nat. Bank, 189 N. Y. 267; Galveston Ry. Co. v. Coudrey, 11 Wall. 459; Gilman v. Illinois & Missouri Tel. Co., 91 U. S. 603; American Bridge Co. v. Heidelbach, 94 U. S. 798.)
   Crane, Ch. J.

In the main we agree with the determination of the Appellate Division in its modification of the Special Term order. We think, however, that we must add our views on the point of procedure whereby the respondent may or may not be able to collect the amount found to be due it.

On the 1st day of May, 1928, the Lamoka Power Corporation gave a mortgage upon all its property and income, creating the Arcadia National Bank and Trust Company trustee to carry out the terms and conditions of the indenture in behalf of bondholders. The security was very broad in its provisions as it included all the buildings, structures and improvements, machinery and equipment, all franchises, agreements, leases, contracts, together with all moneys, rental due upon any contracts or agreements, also all other property and property rights of whatsoever character or nature and wheresoever situate, real, personal or mixed, now owned, held, possessed or enjoyed by or in any manner conferred upon or accruing to the corporation * * The mortgagor defaulted, foreclosure proceedings were commenced by the successor trustee, and the receiver collected over $5,000 in cash for power supplied prior to his appointment, and a small item for rents due prior thereto.

Wadsworth & Olmstead, Inc., of Syracuse, is a domestic corporation and general agent of the iEtna Life Insurance Company, and prior to the appointment of the receiver above mentioned, executed and delivered a workmen’s compensation policy to the Lamoka Power Corporation as employer, insuring its workmen. The premium for the services rendered amounted to $475, for which a claim was presented to the receiver for payment out of the moneys collected by him. The receiver rejected the claim upon the ground that it did not have priority or preference over the lien of the prior mortgage. We agree with the courts below that in this particular the receiver was in error, and that the mortgagee did not take precedence over general creditors to moneys due and owing for services rendered prior to the appointment of a receiver. New York Security & Trust Co. v. Saratoga Gas & Electric Light Co. (159 N. Y. 137) is authority for this ruling, from which we have not departed in New York Life Ins. Co. v. Fulton Development Corp. (265 N. Y. 348), where we took pains to state that we did not decide the right of the owner to assign rents to third parties so as to deprive the mortgagee of an equitable lien upon those uncollected. Neither did we consider the respective rights of general creditors and mortgagee to rents uncollected at the time of a receiver’s appointment.

With this part of the decision below we are in full accord. The Special Term directed the receiver to pay the claim. The Appellate Division struck this portion of the order out so that it now reads that Wadsworth & Olmstead, Inc., is entitled to $405.73 and priority over all claims under said mortgage. Payment is not directed, however, nor is the receiver in any way informed how he is to recognize this priority. The claimant is not a judgment creditor but a general creditor. It has no preference over other creditors except that given by section 130 of the Workmen’s Compensation Law (Cons. Laws, ch. 67) which reads: “All premiums and interest charges on account of policies insuring employers against liability under this chapter which may be due to the state insurance fund, or any stock corporation * * * shall be deemed preferred claims in all insolvency or bankruptcy proceedings, trustee proceedings for administration of estates and receiverships involving the employer hable thefefor or the property of such employer, provided however that claims for wages shall receive prior preference in all such proceedings.” The claimant, therefore, may not receive its money until others having a prior ,or equal preference have been ascertained.

General creditors should also have notice of these claimed preferences in order to contest them if necessary. We know of no procedure whereby a general creditor whose claim has not been reduced to judgment or secured by attachment can enforce payment except as provided by the provisions of the General Corporation Law (Cons. Laws, ch. 23) or article 60 of the Civil Practice Act. Article 11, section 150, of the General Corporation Law provides for the appointment of a receiver of a corporation in an action brought as prescribed in articles sixth, seventh and eighth of the chapter. Article seventh •(§ 70) pertains to an action by a judgment creditor to sequestrate the property of á corporation where, after final judgment for the sum due, execution has been returned unsatisfied.

Subdivision 2 of, section 150 provides for the appointment of a receiver of a corporation in an action brought to foreclose a mortgage upon the property where the debt has remained unpaid for thirty days or more.

Other provisions relate to other circumstances, but the act seems to recognize that where a receiver has once been appointed in any proper action the creditors may thereafter present their claims to him for payment. Thus, section 174 of the General Corporation Law says that immediately upon their appointment receivers shall give notice thereof which shall be by publication twice a week for three successive weeks in a newspaper published in the county where the office of the corporation was situated requiring all creditors of the corporation to make proof ■under oath of their demands to the receivers, by a day therein specified, not less than forty days from the first publication of such notice, while sections 180 and 181 provide for the method and order of payment.

The receiver appointed in this case holds a sum of money in excess of $5,000 to which the general creditors of the Lamoka Power Corporation are entitled. No other receiver can or need be appointed as this one has taken all the property of the corporation of every nature and description. He should, therefore, proceed in accordance with these provisions of the General Corporation Law to ascertain the general creditors and then pay their claims in the order of priority.

We, therefore, affirm the order of the Appellate Division in so far as it affirms the order of the Special Term decreeing that the claim of Wadsworth & Olmstead, Inc., is entitled to priority over all claims under the mortgage, and we modify both orders by directing that the receiver proceed in accordance with the provisions of the General Corporation Law to ascertain the general creditors of the Lamoka Power Corporation, and after having done so pay to the claimant herein the amount due it, or its proportionate share, in accordance with any established preference.

The order of the Appellate Division should be modified in accordance with this opinion and as thus modified, affirmed, without costs. The questions certified are answered: The first question in the affirmative, the second question in the negative.

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

Ordered accordingly.


author: Finch, J.

text:
    Ajax Craftsmen, Inc., Respondent, v. Charles N. Whinston et al., Appellants, Impleaded with Others.
    (Argued September 30, 1935;
    decided November 19, 1935.)

      Joseph Feldman, Herbert M. Rosenberg and Louis Rosenberg for appellants.
    There never was a valid levy and sale pursuant to execution of the certificates of stock. (Hutchison v. Ross, 262 N. Y. 381; Holmes v. Camp, 219 N. Y. 359; 2 Cook on Corporations [8th ed.], § 480; First Nat. Bank v. State of Maine, 284 U. S. 312; Blodgett v. Silberman, 277 U. S. 1; Pardee v. Leitch, 6 Lans. 303.)

      Louis Stone for respondent.
    Stock certificates are subject to levy and sale under execution. (People ex rel. Wynn v. Grifenhagen, 167 App. Div. 572; Yazoo & Mississippi R. R. Co. v. City of Clarksdale, 257 U. S. 10; Simpson v. Jersey City Contracting Co., 165 N. Y. 193; Plimpton v. Bigelow, 93 N. Y. 592; Pardee v. Leitch, 6 Lans. 303.) Certificates of shares of stock are not mere choses in action, but are property, with all the incidents of tangible property. (Bayer v. Doscher, 139 App. Div. 324; McNeeley v. Welz, 166 N. Y. 124; Clark v. Warren, 7 Lans. 780; Matter of Enston, 113 N. Y. 174; Matter of James, 144 N. Y. 6; Matter of Bronson, 150 N. Y. 1; Matter of Whiting, 150 N. Y. 27; Cummings v. Clark, 282 Fed. Rep. 300; Blake v. Foreman Bros. Banking Co., 218 Fed. Rep. 264; Beal v. Carpenter, 235 Fed. Rep. 273; Pierpont v. Hoyt, 260 N. Y. 26; Agar v. Orda, 144 Misc. Rep. 149; 264 N. Y. 248; Friedman v. Bachmann, 234 App. Div. 267; Lockwood v. U. S. Steel Corp., 209 N. Y. 375; Hutchison v. Ross, 262 N. Y. 381; Wills v. Investors

      Bankstocks Corp., 257 N. Y. 451.) It is section 643 of the Civil Practice Act which determines what property is subject to execution and not section 679, which is solely a liening statute. (Handy v. Dobbin, 12 Johns. 220; Matter of Liberty Lumber Co., 6 Fed. Supp. 397; Williams v. Standard Oil Co., 219 App. Div. 193; Ellis v. Rickett, 177 App. Div. 411; Baker v. Hull, 250 N. Y. 484; Jones v. Huter, 136 Misc. Rep. 49; Matter of Kogan, 141 Misc. Rep. 412.) Section 915 of the Civil Practice Act does not apply to outstanding stock certificates. It authorizes the granting of a warrant of attachment against intangible rights in or to stocks or bonds. (American Surety Co. v. Kasco Mills, Inc., 149 Misc. Rep. 10; 262 N. Y. 585; General Motors Corp. v. Ver Linden, 199 App. Div. 375; Simpson v. Jersey City Contracting Co., 165 N. Y. 193; Plimpton v. Bigelow, 93 N. Y. 592; People ex rel. Wynn v. Grifenhagen, 167 App. Div. 572; Frederick v. Chicago Bearing Metal Co., 221 App. Div. 588.) Stock certificates are within the statutes authorizing execution against property. (Matter of Loomis, 149 Misc. Rep. 417; Mitchell v. Leland Co., 246 Fed. Rep. 103; Puget Sound Nat. Bank v. Mather, 60 Minn. 362; Allen v. Williams, 212 Ill. App. 114; Mulock v. Ulizis, 102 N. J. L. 251; Wallach v. Stein, 102 N. J. L. 517; 103 N. J. L. 470; Progressive v. Rudolph, 172 Atl. Rep. 884.)
   Finch, J.

This appeal comes before us upon an order of the Appellate Division, certifying the question: “ Does the complaint state facts sufficient to constitute a cause of action?

The complaint, in so far as necessary to dispose of the point of law raised upon this appeal, shows a judgment obtained by this plaintiff-respondent upon which an execution was issued. Thereafter the marshal purported to levy upon two certificates of stock in the defendant corporation. Pursuant to this levy, the marshal sold to the plaintiff all the right, title and interest of the judgment debtors in these certificates. Plaintiff seeks to enforce the rights which it claims to have acquired as a purchaser at this sale.

The sole point of law presented for decision, therefore, is whether the marshal could make a valid levy upon and sale of the stock.

The Civil Practice Act expressly provides: “ The goods and chattels of a judgment debtor, * * * and his other personal property which is expressly declared by law to be subject to levy by virtue of an execution, are bound by the execution, when situated within the jurisdiction of the officer to whom an execution against property is delivered, from the time of the delivery thereof to the proper officer to be executed, but not before.” (§ 679.)

Certificates of stock are not bound by the execution unless they are either “ goods,” chattels ” or “ other personal property which is expressly declared by law to be subject to levy by virtue of an execution.” Although for many purposes stock certificates are now regarded as tangibles and in the nature of goods or chattels (Agar v. Orda, 264 N. Y. 248; Pierpoint v. Hoyt, 260 N. Y. 26), yet the Legislature has not included stock certificates in the words “ goods and chattels ” as employed in this section. This phrase goods and chattels,” as used in section 679 of the Civil Practice Act, is an ancient phrase of limited meaning. This appears from the provision in section 687 of the Civil Practice Act, which was enacted for the purpose of binding by an execution evidences of debt issued by a moneyed corporation to circulate as money and bonds. If “ goods and chattels ” were used in the Civil Practice Act in a broad sense, evidencés of debt and bonds would be included within the term and it would be unnecessary to have this additional provision expressly binding by execution evidences of debt of moneyed corporations and bonds. The narrow sense in which the words “ goods and chattels ” are used makes it necessary for evidences of debt and bonds to be provided for ás subject to a levy through execution in accordance with the second clause concerning “ personal property which is expressly declared by law to be subject to levy by virtue of an execution.” So, too, section 915 of the Civil Practice Act permits the sale by the sheriff of rights or shares which the defendant has in stock or in bonds, provided they have been previously levied on under a good attachment. This section would be superfluous if stock certificates were intended to come within the meaning of the goods and chattels ” clause.

Certificates of stock, therefore, not being goods and chattels ” within the meaning of those words as employed in section 679, we must look elsewhere to determine whether there is any express authorization of the right to levy. Section 687 of the Civil Practice Act provides that “ The officer to whom an execution against property is delivered must levy upon and sell a bill or other evidence of debt belonging to the judgment debtor, which was issued by a money corporation to circulate as money, or a bond or other instrument for the payment of money belonging to the judgment debtor, which was executed and issued by a government, state, county, public officer, or municipal or other corporation, and is in terms negotiable, or payable to the bearer or holder.” This does not include stock certificates, since it deals only with the levy upon evidences of debt issued by a moneyed corporation to circulate as money and negotiable or bearer bonds or other instruments for the payment of money issued by a corporation. Nor does section 174 of the Personal Property Law (Cons. Laws, ch. 41) grant the necessary authority. That section provides: “ No attachment or levy upon shares of stock for which a certificate is outstanding shall be valid until such certificate be actually seized by the officer making the attachment or levy, or be surrendered to the corporation which issued it, or its transfer by the holder be enjoined. * * * ” Obviously this deals only with the method of levy of attachment or levy of execution after prior attachment, as provided for in section 915 of the Civil Practice Act.

It is urged that section 643 of the Civil Practice Act, and not section 679, is the section which determines what property is subject to levy by execution. Section 643, however, merely prescribes the requisites of an execution against property. It provides that the execution must require the judgment to be satisfied out of personal property but, if sufficient personal property cannot be found, out of real property. Section 679, on the other hand, is the applicable section and determines the personal property out of which a judgment may be satisfied by-execution.

The case of People ex rel. Wynn v. Grifenhagen (167 App. Div. 572) has been cited by some text authorities as holding that stock certificates are subject to levy by execution. That decision, howevér, did no more than decide what section 915 of the Civil Practice Act clearly provides, namely, that stock certificates are subject to levy by execution where there has been a prior valid attachment. Simpson v. Jersey City Contracting Co. (165 N. Y. 193) and Plimpton v. Bigelow (93 N. Y. 592) are also cases in which the levy by execution was preceded by attachment.

We reluctantly come to the conclusion that neither the Civil Practice Act nor any other statute provides for a levy by execution on stock certificates in the absence of a prior attachment. An inflexible procedure enacted by the Legislature and binding upon the courts, prevents the judiciary from authorizing a procedure in keeping with the dealings of the modern business world regarding property in stock certificates. The courts are still bound by an archaic provision enacted when stock certificates were not the common property that they now are. We commend this anachronism to the attention of the Legislature.

The order of the Appellate Division should be reversed and that of the Special Term affirmed, with costs in all courts, and the question certified should be answered in the negative.

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

Ordered accordingly.