text:
    In the Matter of the Will of Charles H. Rathbone, Deceased. Charles H. Rathbone, III, et al., Appellants and Respondents; Orrin R. Judd et al., as Executors of Charles H. Rathbone, Deceased, et al., Respondents.
    Argued November 25, 1941;
    decided January 8, 1942.

      Vermont Hatch and Dudley Miller for Martha M. Rathbone, as general guardian of Charles H. Rathbone, III, appellant and respondent.

      John A. Dutton and Leone Pecoraro for Santa Fe Lodge of Perfection No. 1, et al., appellants and respondents.

      Harold R. Medina, John Preston Phillips and John W. Jordan for Syria Temple and Syria Improvement Association, appellants and respondents.

      Rutherford S. Moorhead for Imperial Council of the Ancient Arabic Order of the Nobles of the Mystic Shrine for North America (an Iowa corporation), appellant and respondent.

      John D. Armstrong for Imperial Council Ancient Arabic Order of the Nobles of the Mystic Shrine for North America (a Colorado corporation), appellant and respondent.

      Edward I. Devlin, Jr., and William J. Bolte for Northern Star Lodge No. 555, Free and Accepted Masons, appellant and respondent.

      Edward I. Devlin, Jr., and William J. Bolte for Trinity Commandery No. 58, Knights Templar, of Bradford, Pennsylvania, appellant and respondent.

      Edward I. Devlin, Jr., and William J. Bolte for Bradford Lodge No. 234, Benevolent and Protective Order of Elks of the United States of America, and Elks Club, Bradford Lodge No. 234, Benevolent and Protective Order of Elks of the United States of America, appellant and respondent.

      Dermod Ives, Michael F. Dee, Orrin G. Judd, Howell D. Boyd and Archibald A. Patterson for Orrin R. Judd et al., as executors of Charles H. Rathbone, deceased, respondents.

      Thomas B. Gilchrist and Hampton D. Ewing, Jr., for Salvation Army,' respondent.

      B. I. deYoung, Bernard S. Barron, Robert Rockmore and George P. Halperin for Masonic Home of Pennsylvania, respondent.
   Order affirmed, with costs to each party filing a brief payable out of the estate; no opinion. (See 287 N. Y. 847.)

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


source: Caselaw Access Project

license: Public Domain

text:
    John D. Antonopulos, Respondent, v. Postal Telegraph Cable Company, Appellant.
    Argued December 1, 1941;
    decided January 8, 1942.

      Willard B. VanderVoort for appellant.

      Frederick Evan Crane, Sanford H. Markham and Harry Yodomtz for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Mary B. Hartshorne, Appellant, v. Harold B. Hartshorne, Respondent.
    Submitted December 2, 1941;
    decided January 8, 1942.

      Frederick Hemley, Naomi Ranson and Leonard Hemley for appellant.

      David Cohen for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Thomas H. Eckert, Respondent, v. G. B. Farrington Co., Inc., et al., Appellants, Impleaded with Another.
    Argued December 9, 1941;
    decided January 8, 1942.

      F. E. Coursen and Frank L. Ward for appellants.

      Clifford H. Searl and Harry H. Hartman for respondent. ;
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of NuBone Company, Inc., Respondent; Frieda S. Miller, as Industrial Commissioner, Appellant.
    Argued November 24, 1941;
    decided January 8, 1942.

      John J. Bennett, Jr., Attorney-General (Francis R. Curran, Henry Epstein and Julia M. Cook of counsel), for appellant.

      Winslow M. Lovejoy and Charles K. Rice for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Lewis A. Abrams et al., Appellants, against Fiorello H. LaGuardia, as Mayor of the City of New York, et al., Respondents.
    Argued November 26, 1941;
    decided January 8, 1942.

      Gabriel L. Kaplan, Sidney A. Fine and Elliot B. Paley for appellants.

      William C. Chanler, Corporation Counsel (Frederick v P. Bryan and George G. Gallantz of counsel), for respondents.
   Order afiirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Randolph H. Winston, Appellant, v. Saugerties Farms, Inc., Defendant, and Elliott B. Smoak et al., Respondents.
    Argued December 1, 1941;
    decided January 8, 1942.

      Frederick E. Crane, Charles de la Vergne and Francis Martoed for appellant.

      George F. Kaufman, Lester R. Smith and Paul Fromer for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Finch, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Loughran, J.


text:
    Alice Herman et al., Respondents, v. Chal Associates, Inc., Appellant, Impleaded with Another.
    Submitted December 2, 1941;
    decided January 8, 1942.

      Herbert A. McDevitt for appellant.

      Alvin C. Cass and Josephine E. Kestler for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York ex rel. The Hudson River Bridge Company at Albany, Appellant, against State Tax Commission, Respondent. City of Albany, Intervener, Respondent.
    Argued December 3, 1941;
    decided January 8, 1942.

      Robert D. Brooks, Frederick L. Wheeler, C. Raymond Hulsart, Jr., and Clive C. Handy for appellant.

      John J. Bennett, Jr., Attorney-General (Jack Goodman, Timothy F. Cohan and Henry Epstein of counsel), for State Tax Commission, respondent.

      James J. McGuiness, Corporation Counsel (Joseph J. Casey and George Myers of counsel), for City of Albany, intervener-respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York, Respondent, v. Charles Campiglia, Appellant, Impleaded with Others.
    Submitted December 5, 1941;
    decided January 8, 1942.

      Joseph J. Crisa and Benjamin J. Jacobson for appellant.

      Fred J. Munder, District Attorney (Harry C. Brenner of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Martin J. Hoffman, as Administrator of the Estate of Harvey J. Hoffman, Deceased, Respondent, v. Boston and Maine Railroad, Appellant. Martin J. Hoffman, as Administrator of the Estate of Ellen M. Hoffman, Deceased, Respondent, v. Boston and Maine Railroad, Appellant.
    Argued December 9, 1941;
    decided January 8, 1942.

      Charles E. Nichols for appellant.

      John F. Doyle for respondent.
   Judgments affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    J. Harris Warthman, as Trustee of La France Industries, Appellant, v. Manufacturers Trust Company et al., Respondents.
    Argued November 26, 1941;
    decided January 8, 1942.

      E. Stanley Richardson, Harold Harper and G. Plantou Middleton for appellant.

      Leonard P. Moore, Charles Pickett and Charles F. Gehrmann for respondents.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Southern Railway Company, Appellant and Respondent, v. E. Stuart Peck et al., Respondents, and William B. Loery et al., as Copartners under the Firm Name of Hare & Co., Respondents and Appellants, Impleaded with Others.
    Argued December 1, 1941;
    decided January 8, 1942.

      Sidney S. Alderman, Henry L. Walker and Walter K. Earle for plaintiff-appellant.

      Ralph Royall and Clinton D. Van Valkenburgh for William B. Loery et al., defendants, respondents and appellants.

      Frederick M. Schalter, Robert D. Elder, Adrian C. Leiby and Joseph V. Lane, Jr., for E. Stuart Peck et al., respondents.

      Percival E. Jackson, Theodore M. Tarlau, Joseph J. Bryer, Ralph Montgomery Arkush and Frank M. Swacker for Jacques Cohen et al., respondents.

      David Bernstein and Benjamin Metviner for Harry J. Chambers, intervener, defendant-respondent.

      Ralph Montgomery Arkush, Percival E. Jackson and James M. Fawcett for Southern Railway Company-Mobile & Ohio Stock Trust Certificate Holders Committee, amicus curise.

   Judgments modified by granting a declaratory judgment in favor of defendants upon plaintiff’s complaint and defendants’ answers in addition to the relief already granted to the counterclaiming defendants and, as so modified, affirmed, with costs to the defendants. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York, Respondent, v. Harry Evans, Appellant.
    Argued December 2, 1941;
    decided January 8, 1942.

      Michael E. Rosenstein for appellant.

      John J. Bennett, Jr., Attorney-General (.Benjamin Heffner and M. Perry Dawson of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Bernard Hamilton, Respondent, v. New York Central Railroad Company, Appellant.
    Argued December 3, 1941;
    decided January 8, 1942.

      K. O. Mott-Smith, C. Austin White and Clive C. Handy for appellant.

      Morris Pottish, Walter G. Evans, William G. Walsh and Harry Landau for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Mordecai Benguiat et al., Plaintiffs, v. Gotham National Bank of New York, Defendant. Manufacturers Trust Company, Appellant; Massachusetts Bonding and Insurance Company Respondent.
    Argued November 25, 1941;
    decided January 8, 1942.

      Leonard G. Bisco, George B. Balamut and Nathan Waxman for appellant.

      Carl Sherman and Rosalind Kramer for respondent.
   Order affirmed, with costs. Motion to dismiss appeal denied. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Estate of Alexander C. F. von Gontard, Deceased. Elizabeth L. von Gontard, Appellant; The Peoples National Bank and Trust Company et al., Respondents.
    Argued November 26, 1941;
    decided January 8, 1942.

      Richard Steel and Edward Pious for appellant.

      George W. Van Slyck and M. Lawrence Willson for Theodore H. Thiesing, as executor of Alexander C. F. von Gontard, deceased, respondent:

      Joel Mencher, as special guardian for Sylvia L. von Gontard, an infant, respondent.
   Order affirmed, with one bill of costs payable out of the estate to the executor. No opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Finch, J.


text:
    The People of the State of New York, Respondent, v. Harry Maione and Frank Abbandando, Appellants.
    Argued December 1, 1941;
    decided January 8, 1942.

      Sydney Rosenthal and Benjamin J. Jacobson for Harry Maione, appellant.

      Alfred I. Rosner and Michael W. DeFeo for Frank Abbandando, appellant.

      William O’Dwyer, District Attorney (Solomon A. Klein, Henry J. Walsh and Burton B. Turhus of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Shirley Garten, Respondent, v. Metropolitan Life Insurance Company, Appellant.
    Argued December 3, 1941;
    decided January 8, 1942.

      William B. Moore for appellant.

      Donald C. Leo and Haskell B. Barst for respondent.
   Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Elmore S. Murthey, Respondent, v. Elizabeth A. Murthey, Appellant, Impleaded with Another. Elizabeth A. Murthey, Appellant, v. Elmore S. Murthey, Respondent.
    Argued December 4, 1941;
    decided January 8, 1942.

      Jonas J. Shapiro, Lawrence S. Greenbaum, Benjamin Kaplan and Harold H. Stern for appellant.

      William T. Gallagher and William D. Cunningham for respondent.
   Judgments affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Pinch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    David G. George, Appellant, v. Time, Incorporated, Respondent.
    Argued December 8, 1941;
    decided January 8, 1942.

      S. John Block for appellant.

      Bruce Bromley, John F. Harding and William E. Speeler for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Maurice Callahan et al., Copartners under the Trade Name of The Raquette Lake Supply Company, Respondents. The People of the State of New York, Appellant.
    Submitted October 20, 1941;
    decided January 8, 1942.

      John J. Bennett, Jr., Attorney-General (A. C. Taylor and Henry Epstein of counsel), for motion.

      J. Theodore Cross and Francis C. Steates opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements, on the ground there has not been a final determination of the action or special proceeding within the meaning of the Constitution.


text:
    In the Matter of St. William’s Church, Respondent. The People of the State of New York, Appellant.
    Submitted October 20, 1941;
    decided January 8, 1942.

      John J. Bennett, Jr., Attorney-General (A. C. Taylor and Henry Epstein of counsel), for motion.

      J. Theodore Cross and Francis C. Steates opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements, on the ground there has not been a final determination of the action or special proceeding within the meaning of the Constitution.


text:
    In the Matter of Linwood J. Putnam et al., Respondents, against James Marshall et al., Constituting the Board of Education of the City of New York, Appellants.
    Submitted October 20, 1941;
    decided January 8, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 286 N. Y. 485.)


text:
    The People of the State of New York ex rel. Ralph Mark, Appellant, against The Warden of Attica State Prison, Respondent.
    Submitted December 8,1941;
    decided January 8, 1942.

      Ralph Mark, in person, for motion.

      John J. Bennett, Jr., Attorney-General (Patrick H. Clune of counsel), opposed.
   Motion denied on the ground that this court has no power to grant leave to appeal or to entertain an appeal direct to this court.


text:
    Harold Reynolds, Respondent, v. State of New York, Appellant. Clarence Richards, Respondent, v. State of New York, Appellant.
    (Claim No. 25355.)
    (Claim No. 25390.)
    Submitted December 8, 1941;
    decided January 8, 1942.

      James F. Carroll and Edward W. Barrett for motions.

      John J. Bennett, Jr., Attorney-General (James H. Glavin, Jr., of counsel), opposed.
   Each motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the ground that the judgment does not finally determine the action within the meaning of the Constitution.


text:
    Mildred P. Grace et al., as Trustees under the Will of David Fox, Deceased, Appellants, v. Corn Exchange Bank Trust Company, Respondent.
    Submitted December 8, 1941;
    decided January 8, 1942.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 287N..Y. 94.)


text:
    The People of the State of New York, Respondent, v. Henry Ancrum and Ralph G. Jones, Appellants.
    Submitted January 13, 1942;
    decided January 14, 1942.
   No question is now raised that was not considered by the court while this case and People v. Hicks (287 N. Y. 165) were under consideration together. (See 287 N. Y., 633.)


text:
    In the Matter of the Claim of Anna H. Borgio, Respondent, against Hegeman Farms Corporation et al., Appellants. State Industrial Board, Respondent.
    Argued November 24, 1941;
    decided January 15, 1942.

      Anthony J. Caputo and Byron Clark for appellants.

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

      Walter A. Fullerton for Beatrice Hobbs, amicus cwriæ.

   Order affirmed, with costs, on the authority of Matter of Curtin v. City of New York (287 N. Y. 338), decided herewith. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York, Respondent, v. Anthony Nadile, Appellant.
    Argued December 3, 1941;
    decided January 15, 1942.

      Richard P. Byrne, D. Charles O’Brien and Joseph L. Petrunick for appellant.

      Donald M. Mawhinney, District Attorney (Clarence Unckless of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis, Conway and Desmond, JJ. Rippey, J., dissents and votes to reverse the judgment of conviction and to order a new trial on the ground that errors in the admission of evidence and in the charge are of such a serious nature that in his opinion they affect the substantial rights of the defendant and cannot be disregarded under section 542 of the Code of Criminal Procedure.


text:
    Wenceslaus W. Pribyl, Appellant, v. Van Loan & Co., Inc., et al., Defendants, and Marine Midland Trust Company of New York et al., Respondents.
    Submitted December 9, 1941;
    decided January 15, 1942.

      Jesse Hemley and Frederick Hemley for appellant.

      Leon Quat and James A. Davis, in person, for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Accounting of Bernard Segall et al., as Executors of Jacob W. Segall, Deceased, Appellants. Morris Gottlieb et al., Respondents.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 52.)


text:
    Nicholas Bertini et al., Respondents, v. John R. Murray, Doing Business under the Name of John R. Murray & Son, et al., Defendants, and Knickerbocker Ice Company et al., Appellants.
    Submitted January 5, 1942;
    decided January 15, 1942.

      Irving Lemov for motion.

      Theodore Paul Freeland opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Betty L. Schmelzel, Respondent, v. Clarence Schmelzel, Appellant.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion to amend the remittitur and for a stay granted as follows: Return of remittitur requested and when returned it will be amended so as to provide that the appeal is dismissed, without costs. Motion for reargument denied. (See 287 N. Y. 633.)


text:
    The People of the State of New York ex rel. Joseph Scallaci, Appellant, against J. F. McNeill, as Superintendent of the State Institution at Napanoch, Respondent.
    Submitted January 5, 1942;
    decided January 15, 1942.

      John J. Bennett, Jr., Attorney-General (James A. Noonan of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed for failure to comply with rule 1.


text:
    In the Matter of the Accounting of National City Bank of New York et al., as Executors of H. Hardcastle Pennock, Deceased. Constance L. Pennock et al., Infants, Appellants; Carol H. Pennock et al., Respondents.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 285 N. Y. 475.)


text:
    In the Matter of the Accounting of Frank J. Maguire, as Executor and Trustee under the Will of Josephine V. Blodgett, Deceased, Appellant. Nathan E. Blodgett et al., Respondents.
    Argued January 5, 1942;
    decided January 15, 1942.

      Benjamin E. Shove for motion.

      Kenneth B. Keating, Horace E. Whiteside, Edward N. Mills and Thomas M, Nichols opposed.
   Motion denied, with ten dollars costs.


text:
    In the Matter of Francis Kinnerney, Appellant, against Municipal Civil Service Commission of the City of Hornell, Respondent.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 599.)


text:
    The People of the State of New York, Respondent, v. Irving Nitzberg, Appellant.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion for reargument denied. Our opinion said nothing respecting the ultimate sufficiency or insufficiency of the admissible evidence on either side. (See 287 N. Y. 183.)


text:
    In the Matter of the Accounting of United States Trust Company of New York, as Trustee under the Will of Catherine James, Deceased, Respondent. Helen V. Z. Anthony et al., Appellants.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 645.)


text:
    In the Matter of Minnie Young, Appellant, against Frederick J. H. Kracke et al., Constituting the Board of Assessors of the City of New York, Respondents.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 634 )


text:
    Yonkers Lodge No. 707 of the Benevolent and Protective Order of Elks of the United States of America, Respondent, v. John J. Condon et al., Constituting the Common Council of the City of Yonkers, et al., Appellants, and The Board of Education of the City of Yonkers, Respondent.
    Submitted January 5, 1942;
    decided January 15, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 44.)


text:
    Joseph Kalamon, Respondent, v. Anna Kalamon et al., Appellants.
    Submitted January 5, 1942;
    decided January 15, 1942.

      Jacob W. Friedman for motion.

      Frank Booth opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements, on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Susie Kalna, Appellant, v. Newark Fire Insurance Company et al., Respondents. Susie Kalna, Appellant, v. New York Co-operative Underwriters et al., Respondents.
    Submitted January 12, 1942;
    decided January 15, 1942.

      Morris Simon for motion.

      Jeremiah W. Davern opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless the appellant serves and files an undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    Harry Cohen, Appellant, v. Ruth Cohen, Respondent.
    Submitted January 5, 1942;
    decided January 22, 1942.

      Noah Feldman for appellant.

      Jerome E. Leon and George Shakin for Otto Frankel, amicus curise.

      Joseph Protter and John W. Browne for respondent.
   Appeal dismissed, without costs, upon the ground that the order does not finally determine the action within the meaning of the Constitution. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Desmond, JJ. Taking no part: Conway, J.


text:
    Mamie Lawrence, as Administratrix of the Estate of Frank C. Lawrence, Deceased, Appellant, v. Packard Motor Car Company of New York et al., Respondents.
    Argued December 5, 1941;
    decided January 22, 1942.

      Stephen B. Vreeland for appellant.

      William L. Shumate for Packard Motor Car Company of New York, respondent.
   Judgment affirmed, with costs; no opinion. (See 287 N. Y. 841.)

Concur: Lehman, Ch. J., Loughran, Finch and Lewis, JJ. Rippey, Conway and Desmond, JJ., dissent in the following memorandum: The question of the time when the property in the automobile passed under the bill of sale was a question of the intention of the parties and for the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.” (Personal Property Law, § 99 [Cons. Laws, ch. 41].) That was clearly a question of fact which should have been submitted to the jury. The dismissal of the complaint constituted error.


text:
    In the Matter of Mart Waterman Holding Corporation, Respondent. Frieda S. Miller, as Industrial Commissioner, Appellant.
    Submitted December 5, 1941;
    decided January 22, 1942.

      John J. Bennett, Jr., Attorney-General (W. Gerard Ryan and Henry Epstein of counsel), for appellant.

      Francis G. Hoyt for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Pauline Shraeder, Respondent, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, et al., Appellants.
    Submitted January 5, 1942;
    decided January 22, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 13.)


text:
    Anne Ritholtz, Appellant, v. Alvin A. Licht et al., Defendants, and Joseph G. Cohen, Respondent.
    Submitted January 5, 1942;
    decided January 22, 1942.
   Motion for reargument or to amend the remittitur denied. The complaint contains no allegations of any actionable wrong by the respondent. (See 287 N. Y. 614.)


text:
    In the Matter of O’Connor Long Island Properties Corporation, Appellant, against Henry E. Bruckman et al., Constituting the State Liquor Authority, Respondents.
    Submitted January 12, 1942;
    decided January 22, 1942.

      Francis V. McHugh and Monroe I. Katcher, II, for motion.

      Milton N. Mound opposed.
   Motion denied, with ten dollars costs.


text:
    Lucy Romano et al., Appellants, v. Home Owners’ Loan Corporation, Respondent.
    Submitted January 19, 1942;
    decided January 22, 1942.

      Jacob D. Menkes, Neal L. Thompson, William J. O’Hear and Simon H. Trevas for motion.

      Julius Beinlieb opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements, on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Emeline Roffe, Respondent, v. Yerington Realty and Building Company, Inc., et al., Appellants, Impleaded with Others.
    Submitted January 19, 1942;
    decided January 22, 1942.

      Arthur Sheiriberg for motion.

      Louis G. Hart, Jr., for appellants.
   Motion granted and appeals dismissed, without costs, on consent.


text:
    In the Matter of Earle Martin et al., Appellants, against Burr Cameron, as Police Justice of the Village of Endicott, et al., Respondents.
    Submitted January 19, 1942;
    decided January 22, 1942.

      Harry Kantor for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellants serve and file an undertaking on appeal and pay ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of the Accounting of Giovanni del Drago et al., as Executors of Josephine del Drago, Deceased. Giovanni del Drago, Individually, et al., Appellants; Byron Clark, Jr., as Executor, et al., Respondents.
    Submitted January 19, 1942;
    decided January 22, 1942.
   Motion to amend remittitur denied upon the ground that the opinions in this court show that upon the appeal a federal question was presented and necessarily passed upon. Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 61.)


text:
    Cup Craft Paper Corporation, Plaintiff, v. Federal Paper Board Co., Inc., et al., Defendants. New York Credit Men’s Association, as Trustee in Bankruptcy of Cup Craft Paper Corporation, Appellant; Isidore E. Schlesinger et al., Copartners under the Firm Name of Schlesinger & Krinsky, Respondents.
    Submitted January 19, 1942;
    decided January 22, 1942.

      Ludwig Teller for motion.

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


text:
    John J. Levy, Appellant, v. John F. Strauss, Jr., et al., as Executors of Frederick Strauss, Deceased, et al., as Copartners of the Firm of J. & W. Seligman & Co., Respondents.
    Argued December 8, 1941;
    decided February 26, 1942.

      Allan R. Campbell for appellant.

      Bruce Bromley, Albert R. Connelly and Harold R. Medina, Jr., for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Estate of Charles M. Davis, Deceased. John F. Davis, Individually and as Executor of Charles M. Davis, Deceased, et al., Appellants; Madeline M. Davis, Respondent.
    Argued January 5, 1942;
    decided February 26, 1942.

      William A. Comstock and Jerome K. Cheney for appellants.

      Rutherford B. Meyer, John W. Collopy, Jr., and Leo A. McCarthy for respondent.
   Appeal dismissed, without costs, on the ground the order is not final. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Desmond, JJ. Taking no part: Conway, J.


text:
    In the Matter of the Estate of Martin W. Clare, Deceased. Harriet Clare, Respondent; Theodore Ericson, as Executor of Martin W. Clare, Deceased, Appellant.
    Argued January 5, 1942;
    decided February 26, 1942.

      William B. Hoffman for appellant.

      Eli Davidoff and Jerome I. Hyman for respondent.
   Order affirmed, with costs payable out of the estate. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Olive Coat Company, Inc., Appellant; Joseph D. McGoldrick, as Comptroller of the City of New York, Respondent.
    Submitted October 24, 1941;
    decided February 26, 1942.

      Emanuel Redfield for appellant.

      William C. Chanler, Corporation Counsel (Milton Sand-berg and Sol Charles Levine of counsel), for respondent.
   Order affirmed, with costs. The appellant contended that the provisions of the local law were repugnant to the Commerce Clause and to the Due Process Clause of the Constitution of the United States. This court found these contentions to be invalid. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Haven P. Page, Respondent, v. Charles H. Payne, Appellant.
    Argued January 5, 1942;
    decided February 26, 1942.

      Charles J. Herson for appellant.

      George Gordon Battle and Jacob Rosenberg for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Desmond, JJ. Taking no part: Conway, J.


text:
    Edward Furman, Appellant, v. Olive G. Furman, Respondent, Impleaded with Another, Defendant.
    Argued January 6, 1942;
    decided February 26, 1942.

      Edward E. Hoenig for appellant.

      Jerome A. Strauss for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Benjamin Seides, Respondent. Frieda S. Miller, as Industrial Commissioner, Appellant.
    Submitted January 8, 1942;
    decided February 26, 1942.

      John J. Bennett, Jr., Attorney-General {W. Gerard Ryan and Henry Epstein of counsel), for appellant.

      Louis Baron and Henry Klauber for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York, Respondent, v. Eugene Carcaramo, Appellant.
    Argued January 12, 1942;
    decided February 26, 1942.

      Bertram J. Adams for appellant.

      William O’Dwyer, District Attorney (J. Vincent Keogh and Henry J. Walsh of counsel), for respondent.
   Judgments reversed and information dismissed upon the ground that the evidence was not sufficient to warrant a finding of the defendant’s guilt beyond a reasonable doubt. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Desmond, JJ. Dissenting: Conway, J.


text:
    In the Matter of the Estate of Cathleen G. Hearn, Deceased. Joseph P. Kissling, as Executor of Cathleen G. Hearn, Deceased, Appellant; William G. Hearn, Respondent.
    Argued January 5, 1942;
    decided February 26, 1942.

      George Bubenfeld and Joseph P. Kissling for appellant.

      Gabriel Rubino for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Estate of May E. Gordon, Deceased. James L. Clare, as Executor, et al., Appellants and Respondents; Josephine Cooney et al., Respondents.
    Argued January 6, 1942;
    decided February 26, 1942.

      Walter E. Warner, Jr., for James L. Clare, as executor, appellant.

      Carl Eill Schiffer, special guardian, appellant.

      John Francis Ryan for Josephine Cooney, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Conway and Desmond, JJ. Dissenting: Lewis, J.


text:
    In the Matter of the Claim of Edmund Davis. State Industrial Board, Appellant; Raymond B. Ryan, Respondent.
    Argued January 7, 1942;
    decided February 26, 1942.

      John J. Bennett, Jr., Attorney-General (John F. Loehr and Henry Epstein of counsel), for State Industrial Board, appellant.

      Nicholas P. Powers for respondent.
   Order affirmed, with costs against the State Industrial Board. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York ex rel. Bernard S. Cogan, Appellant, v. Mary Mann, Respondent.
    Argued January 8, 1942;
    decided February 26, 1942.

      Carl E. Ring for appellant.

      Leo C. Fennelly for respondent.
   Order affirmed, with costs; ño opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    John Gillen, Appellant, v. Home Owners’ Loan Corporation, Respondent.
    Submitted January 8, 1942;
    decided February 26, 1942.

      Sidney J. Loeb and Fred A. Lewis for appellant.

      Leo P. Dorsey, John B. Murphy and Jacob D. Menkes for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis and Conway, JJ. Dissenting: Rippey and Desmond, JJ.


text:
    In the Matter of George H. Bridges, Claimant. Frieda S. Miller, as Industrial Commissioner, Appellant; Joseph S. Sterling, Respondent.
    Argued January 6, 1942;
    decided February 26, 1942.

      John J. Bennett, Jr., Attorney-General (W. Gerard Ryan and Henry Epstein of counsel), for appellant.

      Patrick J. Tierney for respondent.

      David T. Murray for Harry W. Patterson, amicus curiæ.

   Order of Appellate Division reversed and decision of the Unemployment Insurance Appeal Board affirmed, with costs in this court and in the Appellate Division. Under the provisions of the Labor Law (art. 18, § 502; L. 1935, ch. 468, as amd. L. 1936, ch. 117), the employer was not entitled to the exemption of the employee as a farm laborer. No opinion.

Concur: Lehman, Ch. J., Finch, Rippey, Conway and Desmond, JJ. Dissenting: Loughran and Lewis, JJ.


text:
    In the Matter of Paul H. Ritchey, Appellant; Addie V. Ritchey, Respondent.
    Argued January 7, 1942;
    decided February 26, 1942.

      Walter A. Swan and Willet E. Hazard for appellant.

      Judson A. Parsons for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Samuel Hirsch, an Incompetent Veteran. Anshel Babushkin, Appellant.
    Submitted January 8, 1942;
    decided February 26, 1942.

      Leo H. Schoen for appellant..
   Appeal dismissed, without costs, on the ground that an ex parte order does not finally determine a special proceeding within the meaning of the Constitution. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York, Respondent, v. Robert Wilson, Appellant. (Four Cases.)
    Argued January 13, 1942;
    decided February 26, 1942.

      Byron E. Letson and Daniel J. O’ Neil for appellant.

      Leo J. Hagerty, District Attorney (George C. Riley of counsel), for respondent.
   Judgments reversed and informations dismissed on the ground that there was no sufficient evidence produced to establish the commission by the defendant of the crimes charged. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Herman Kahlmeyer, Appellant, v. The Green-Wood Cemetery, Respondent.
    Argued January 7, 1942;
    decided February 26, 1942.

      Joseph Henry Cohen and Homer Franklin Carey for appellant.

      Frederick E. Crane, Henry Hill Anderson and J. Wesley Seward for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Estate of Percy E. Roche, Deceased. First Trust & Deposit Company, as Trustee under the Will of Percy E. Roche, Deceased, Appellant and Respondent; Katherine Dissel et al., Respondents and Appellants.
    Argued January 6, 1942;
    decided February 26, 1942.

      H. Duane Bruce for First Trust & Deposit Company, as trustee, appellant and respondent.

      Sol M. Linowitz and Arthur E. Sutherland, Jr., special guardian for Katherine Dissel et al., respondents and appellants.
   On appeal by adult beneficiaries and special guardian: Appeal dismissed, without costs. On appeal by trustee: Order affirmed, without costs. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Conway and Desmond, JJ. Taking no part: Lewis, J.


text:
    Julia Goldman, Respondent, v. American Woman’s Realty Co., Inc., Appellant.
    Submitted January 9, 1942;
    decided February 26, 1942.

      Harold V. Angevine and James A. Hughes for appellant.

      Isidor Enselman, Gustave G. Rosenberg and Henri Pressprich for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Accounting of Mary A. Bushel, as Administratrix of the Estate of George O’Beirne, Deceased, Respondent; Catherine Stauble, Appellant.
    Submitted January 5, 1942;
    decided February 26, 1942.

      Emanuel Lauterbach for appellant.

      John P. Powers and Albert Philipson for respondent;
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York ex rel. Chase National Bank of City of New York et al., as Trustees under the Will of Catherine T. Moulton, Deceased, Appellant, against Paul A. Bankson, as Tax Assessor of the City of New Rochelle, et al., Respondents.
    Argued January 6, 1942;
    decided February 26, 1942.

      Charles H. Bellows and Abraham, Breitbart for appellant.

      Aaron Simmons, Corporation Counsel (William L. Moran of counsel), for respondents.
   Order of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division, on the ground that the weight of evidence lies with the Special Term. No opinion.

Concur: Loughran, Finch, Rippey and Conway, JJ. Dissenting: Lehman, Ch. J., Lewis and Desmond, JJ.


text:
    In the Matter of Corporate Employment Service, Inc., Appellant, against Paul Moss, as Commissioner of Licenses of the City of New York, Respondent.
    Argued January 8, 1942;
    decided February 26, 1942.

      William E. Vogel and J. Frederic Taylor for appellant.

      William C. Chanter, Corporation Counsel {Francis J. Bloustein and Paxton Blair of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Estate of William F. Pappalau, Deceased. Harry Pappalau, Appellant; Anna M. Volk, as Administratrix of the Estate of William F. Pappalau, Deceased, Respondent.
    Argued January 8, 1942;
    decided February 26, 1942.

      Borden H. Mills for appellant.

      John T. DeGraff and William F. Conway for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Jacob Schaffer, Appellant, v. Felix J. Gambetta, Respondent.
    Argued January 9, 1942;
    decided February 26, 1942.

      George Brody and Harold Weiss for appellant.

      John W. Bonney for respondent.
   Judgment affirmed, without costs. We do not consider whether the request to charge would have been correct if the case had been tried on a different theory. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Queensboro Farm Products, Inc., Appellant, v. State of New York, Respondent.
    (Claim No. 25529.)
    Submitted January 13, 1942;
    decided March 5, 1942.

      Jacob J. Schwartzwald and Nathan A. Goldenthal for appellant.

      John J. Bennett, Jr., Attorney-General (Jacob S. Honigsbaum and James H. Glavin, Jr., of counsel), for respondent.
   Judgment affirmed, with costs, no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Alice P. Williams, Respondent, v. Gibson T. Williams, Appellant.
    Argued January 15, 1942;
    decided March 5, 1942.

      Charles F. Blair for appellant.

      Edward F. Rosiny, Gerald H. Chambers and N. Henry Lindenauer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Julius J. Cohen, Respondent, v. Joseph Rosenberg, as President of Associated Musicians of Greater New York, Local 802, American Federation of Musicians, an Unincorporated Association, Appellant.
    Submitted January 19, 1942;
    decided March 5, 1942.

      Harry Sacher for appellant.

      Charles K. Finch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The County Trust Company, Respondent, v. Lewis G. Young et al., Appellants.
    Argued January 22, 1942;
    decided March 5, 1942.

      Bern Budd and Frederick F. Hufnagel for Edith J. Young, appellant.

      Leo E. Sherman, Frank J. Nardozzi, Joseph R. Reitano, Peter F. Blasi and Reynolds Drews for Lewis G. Young et al., appellants.

      Monroe J. Cahn 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 to the appellants payable out of the trust estate. (See Smith v. Title Guarantee & Trust Co., 287 N. Y. 500, decided herewith.) No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York ex rel. Public Service Commission of State of New York, Respondent, v. New York Telephone Company et al., Appellants, and Hotel Roosevelt, Inc., et al., Respondents.
    Argued January 13, 1942;
    decided March 5, 1942.

      Edward L. Blackman, Ralph W. Brown, Edward F. Snydstrup, Stephen IT. Fletcher and Charles T. Russell for New York Telephone Company, appellant.

      Bertram L. Kraus for Bowman-Biltmore Hotels Corporation, appellant.

      Francis G. Hoyt for Southworth Management Corporation, appellant.

      David Barnett for New Yorker Hotel Corporation, amicus curiae.

      Charles J. Campbell for New York State Hotel Association, amicus curiae.

      Gay H. Brown and John T. Ryan for Public Service Commission, respondent.
   Order affirmed, with one bill of costs to the respondent Public Service Commission. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of the Accounting of Edward C. Britcher, as Committee of James Carroll, an Incompetent Person, Respondent; Mary Barth et al., Appellants.
    Argued January 15, 1942;
    decided March 5, 1942.

      Philip L. Zenner for appellants.

      John F. Nash for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Conway, JJ. Dissenting: Desmond, J.


text:
    Frank Grimes, Respondent, v. Shell Union Oil Corporation, Appellant.
    Argued January 20, 1942;
    decided March 5, 1942.

      J. Stanley Carter for appellant.

      Frank L. Wiswall and Carl O. Olson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Martha Tehan, Appellant, v. Herman Freed et al., Individually, and as Copartners Doing Business under the Name “Freed’s Hats,” Respondents.
    Argued January 22, 1942;
    decided March 5, 1942.

      Morris A. Wainger and William A. Hyman for appellant.

      Joseph F. Hanley and John W. Trapp for respondents.
   Judgment reversed and a new trial granted, with costs to abide the event, on the ground that the questions of negligence and contributory negligence were for the jury. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    George Morrison, Respondent, v. National Fire Insurance Company of Hartford, et al., Appellants.
    Argued January 14, 1942;
    decided March 5, 1942.

      Nelson R. Pirnie for appellants.

      John E. Mack for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Ralph C. Mason et al., as Executors of Eila H. McKee, Deceased, Appellants, v. Public National Bank & Trust Company of New York, Respondent.
    Argued January 15, 1942;
    decided March 5, 1942.

      Clifton P. Williamson and Donald M. Dunn for appellants.

      Joseph M. Proskauer, Sam L. Cohen, J. Alvin Van Bergh, Alfred W. Bressler and Henry Schneider for respondent.

      Leo P. Dorsey and F. W. H. Adams for New York State Bankers Association, amicus curise.

   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Margaret Plunkett, as Administratrix of the Estate of Christopher J. Plunkett, Deceased, Respondent, v. William K. Dick et al., Appellants.
    Argued January 19, 1942;
    decided March 5, 1942.

      Edward F. Sweeney, F. G. Mann and Herbert F. Hastings, Jr., for appellants.

      Morris A. Wainger and John C. Robinson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Lehman, Ch. J.


text:
    John J. Flannery, Appellant, v. Metropolitan Life Insurance Company, Respondent.
    Argued January 20, 1942;
    decided March 5, 1942.

      David Goldstein, Joseph W. Ferris, A. Albert Bennin and Gilbert Goldstein for appellant.

      William B. Moore for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Henry G. Bacon, Appellant, against Irving V. A. Huie, as Acting Commissioner of the Department of Public Works of the City of New York, et al., Respondents.
    Argued January 22, 1942;
    decided March 5, 1942.

      Emanuel Goodman, S. M. Sprafkin and Morris Pinsky for appellant.

      William C. Chanler, Corporation Counsel (Nicholas Bucci and Arthur H. Kahn of counsel), for respondents.
   Order affirmed, with costs. The petitioner was not entitled to be appointed to the position of Mechanical Engineer while the head of the department in the exercise of administrative discretion chose to leave the position vacant. He was not entitled to appointment to the position of Administrator of Public Buildings because the [Municipal] Civil Service Commission acted upon reasonable grounds in ordering a competitive examination for that position. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    William Hamer, Respondent, v. Village of Whitesboro et al., Appellants. Clifford Bowes, Respondent, v. Village of Whitesboro et al., Appellants. Elizabeth Gutheinz, Respondent, v. Village of Whitesboro et al., Appellants. Emery S. Vanderland, Respondent, v. Village of Whitesboro et al., Appellants. William H. Vanderland, an Infant, by Emery S. Vanderland, His Guardian ad Litem, v. Village of Whitesboro et al., Appellants.
    Argued January 19, 1942;
    decided March 5, 1942.

      Edward J. Burns, Jr., for appellants.

      Salvador J. Capecelatro and M. Francis Malone for respondents.
   Judgments affirmed, with costs; no opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Lehman, Ch. J.


text:
    Sloane Estates, Inc., Appellant and Respondent, v. The City of New York, Respondent and Appellant.
    Argued January 20, 1942;
    decided March 5, 1942.

      Morway Picket for plaintiff, appellant and respondent.

      William C. Chanler, Corporation Counsel (Edmund B. Hennefeld, Arthur A. Segall, Sol Charles Levine and Raymond Herzog of counsel), for defendant, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Esther Gershon, as Administratrix of the Estate of Samuel Gershon, Deceased, Appellant, v. City of New York et al., Respondents.
    Argued January 22, 1942;
    decided March 5, 1942.

      Harold M. Phillips for appellant.

      William C. Chanler, Corporation Counsel (Charles F. Murphy, Paxton Blair and Irving Galt of counsel), for City of New York, respondent.
   Judgments reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that the trial judge by erroneous rulings prevented plaintiff from producing evidence which it is claimed would have sustained the plaintiff’s cause of action. No opinion.

Concur: Finch, Rippey, Lewis, Conway and Desmond, JJ. Disenting: Lehman, Ch. J., and Loughran, J.


text:
    In the Matter of the Estate of William H. Dunn, Deceased. Charlotte D. Hemingway et al., Appellants; Union Trust Company of Rochester, as Executor of William H. Dunn, Deceased, Respondent.
    Submitted January 13, 1942;
    decided March 5, 1942.

      Denis B. Maduro for Charlotte D. Hemingway, appellant.

      John E. Keenan, special guardian, for Robert R. Rossiter, appellant.

      Kenneth B. Keating, Andrew L. Gilman and Keith D. Poland for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis, Conway and Desmond, JJ. Taking no'part: Rippey, J.


text:
    Samuel Lutzker, Individually and as Guardian ad Litem of Irving Lutzker, an Infant, Appellants, v. Board of Education of City of New York, Respondent.
    Argued January 14, 1942,
    decided March 5, 1942.

      Max Seltzer, John Wilson and William R. Altman for appellants.

      William C. Chanler, Corporation Counsel (James Hall Prothero, Paxton Blair and Milton I. Newman of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York, Respondent, v. Gustave Shapiro, Appellant.
    Argued January 16, 1942;
    decided March 5, 1942.

      Jacob W. Friedman for appellant.

      Frank S. Hogan, District Attorney (Stanley H. Fuld and Eugene A. Leiman of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Peter Stallone, as Administrator of the Estate of Nunzio Stallone, Deceased, Respondent, v. Central Savings Bank in the City of New York, Appellant.
    Argued January 19, 1942;
    decided March 5, 1942.

      H. H. Brown, George A. Garvey and E. C. Sherwood for appellant.

      Seymour L. Colin, George A. Grabow and Samuel R. Schneider for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Lehman, Ch. J.


text:
    The People of the State of New York, Respondent, v. Carl Skarczewski, Appellant.
    Argued January 22, 1942;
    decided March 5, 1942.

      Charles J. Mondo for appellant.

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

Concur: Finch, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J., Loughran and Rippey, JJ.


text:
    In the Matter of Helen Andreozzi, Appellant, against William F. Carey, as Treasurer and Trustee of the Relief and Pension Fund of the Department of Street Cleaning of the City of New York, Respondent.
    Argued January 8, 1942;
    decided March 5, 1942.

      Samuel Resnicoff for appellant.

      William C. Chanler, Corporation Counsel (Stanley Buchsbaum and Denis B. Sullivan of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis, Conway and Desmond, JJ. Dissenting: Rippey, J.


text:
    Joseph Sito, Appellant, v. Pennsylvania Railroad Company, Respondent.
    Argued January 19, 1942;
    decided March 5, 1942.

      Harry Elegant and Charles Wilson for appellant.

      David Asch and Peter Keber for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Lehman, Ch. J.


text:
    Louis A. Greenberg et al., Appellants, v. President and Directors of Manhattan Company, Respondent, Impleaded with Others.
    Argued January 13, 1942;
    decided March 5, 1942.

      Louis Boehm, Gabriel Rubino, S. C. Stember and Herman P. Rosenblatt for appellants.

      Julius M. Arnstein, Joseph Dannenberg and Joseph Sterling for respondent and impleaded defendants.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Pinch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Eli Sobel, Appellant, v. Joseph Sternberg et al., Respondents.
    Argued January 16, 1942;
    decided March 5, 1942.

      Irma M. Ball, William B. Goldbas and Arthur J. Foley for appellant.

      Edward A. Wolff for respondents.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    The People of the State of New York, Respondent, v. Ellwood M. Rabenold, Appellant.
    Argued January 19, 1942;
    decided March 5, 1942.

      Charles H. Tuttle for appellant.

      Frank S. Hogan, District Attorney (Stanley H. Fuld, Whitman Knapp and Richard G. Denzer of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Finch, Lewis, Conway and Desmond, JJ. Lehman, Ch. J., Loughran and Rippey, JJ., dissent on the ground that sections 304 and 889 of the Penal Law cannot be stretched to cover the acts here charged against the defendant.


text:
    David H. Clark, Respondent, v. Elizabeth T. Dodge, as Executrix of John L. Dodge, Deceased, Appellant, Impleaded with Others.
    Argued January 21, 1942;
    decided March 5, 1942.

      Arthur L. Barton for appellant.

      James M. Gray and Harold Y. MacCartney for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    In the Matter of Seymour Friend, Respondent, against Lewis J. Valentine, as Commissioner of the Department of Police of the City of New York, et al., Appellants.
    Submitted January 22, 1942;
    decided March 5, 1942.
   Motion to prosecute appeal on papers previously filed in this court, or to amend the remittitur granted to the following extent: Motion to prosecute appeal on papers previously filed in this court granted; otherwise, motion denied. (See 285 N. Y. 764; 287 N. Y. 526.)


text:
    The People of the State of New York, Respondent, v. Emma Martin, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.

      John R. Cummins, District Attorney, for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    Hyman Seif, Respondent, v. City of Long Beach, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 286 N. Y. 382.)


text:
    Central Hanover Bank & Trust Company, Respondent, v. Colonial Credit Corporation, Appellant, Impleaded with Others. T. A. Holding Corporation et al., Respondents.
    Submitted February 24, 1942;
    decided March 5, 1942.

      Irving Berkman for motion.

      Joseph Jame opposed.
   Motion dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Helen Lefkowitz, Appellant, v. Henry Keim et al., Respondents, Impleaded with Another. Marion S. Mink et al., Appellants, v. Henry Keim, Respondent, Impleaded with Another. Abraham Altschuler, Appellant, v. Abe Orel, Defendant, and Henry Keim, Respondent.
    Submitted February 24, 1942;
    decided March 5, 1942.

      Julius Reinlieb for motion.

      Harold W. Turner opposed.
   Motion dismissed on the ground that the order does not finally determine the actions within the meaning of the Constitution.


text:
    The People of the State of New York ex rel. New York Title and Mortgage Company against William S. Miller et al., Defendants. The People of the State of New York ex rel. 1200 Madison Avenue Corporation against William S. Miller et al, Defendants. (Two Proceedings.) The People of the State of New York ex rel. Brooklyn Trust Co., as Trustee, against William S. Miller et al., Defendants. (Two Proceedings.) In the Matter of 1200 Madison Avenue Corporation, Appellant; Brooklyn Trust Company, as Trustee, Respondent.
    Submitted February 24, 1942;
    decided March 5, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 685.)


text:
    In the Matter of Joseph Cibulas et al., Respondents, against Village of Menands, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.

      Kenneth S. MacAffer and Carl O. Olson for motion.

      Louis Snyder opposed.
   Motion dismissed on the ground that the order does not finally determine the proceeding within the meaning of the Constitution. (Matter of Grab, 157 N. Y. 69.)


text:
    Walter C. Noyes, Appellant, v. Raymond Greene, Defendant, and Celia Rothspan, Respondent.
    Submitted February 24, 1942;
    decided March 5, 1942.

      Jerome Golenbock for motion.
    No one opposed.
   Motion dismissed on the ground that the order of the Appellate Division is not one from which an appeal may be allowed by this.court in accordance with the provisions of subdivision 5 of section 588 of the Civil Practice Act.


text:
    John J. Bennett, Jr., as Attorney-General of the State of New York, Respondent, v. Sam Roberts, Individually and Doing Business under the Name of Friendly Adjustment Service, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.

      Sam Roberts, in person, for motion.

      John J. Bennett, Jr., Attorney-General, opposed.
   Motion denied upon the ground that it does not appear that the orders appealed from are appealable to this court without permission.


text:
    In the Matter of Manufacturers Chemical Co., Inc., Respondent, against Caswell, Strauss & Co., Inc., Appellant.
    Argued February 24, 1942;
    decided March 5, 1942.

      Paul Moskowitz for motion.

      Russell C. MacFall opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    William A. Frazer, Respondent, v. Doris Bader, Defendant, and Frank G. Shattuck Company, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.

      William C. Morris and Edward M. Fuller for motion.

      Bernard Meyerson and Albert Gondelman opposed.
   Motion dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Mamie Lawrence, as Administratrix of the Estate of Frank C. Lawrence, Deceased, Appellant, v. Packard Motor Car Company of New York et al., Respondents.
    Submitted February 24, 1942;
    decided March 5, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 757.)


text:
    In the Matter of K & K Leasing Corporation, Respondent, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Defendants. Michael Gatto, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.

      George G. Lake for motion.

      Joseph Ferber opposed.
   . Motion dismissed on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Charles H. Ross, Respondent, v. Marion Ross, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.

      James M. Noonan for motion.

      Harold J. O’ Keefe opposed.
   Motion granted and appeal dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Fitzgibbons Boiler Company, Inc., Appellant, v. National City Bank of New York, Respondent, Impleaded with Others. Fitzgibbons Boiler Company, Inc., Appellant, v. Bankers Trust Company, Respondent, Impleaded with Others.
    Submitted February 24, 1942;
    decided March 5, 1942.
   Motion for reargument and for a stay denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 326.)


text:
    In the Matter of Sylvia Fine, as Assignee of Osaka Textiles, Inc., Respondent, v. Herman Cohen et al., Copartners under the Firm Name of Herman Cohen & Company, Appellant.
    Submitted February 24, 1942;
    decided March 5, 1942.

      Herman Tocker for motion.

      Judah Braunstein opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the ground that the confirmation of the award was in effect an affirmance and the appeal cannot be taken as of right. (Matter of Pine Street Realty Co. v. Coutroulas, 258 N. Y. 609.)


text:
    Katherine Kreppein, an Infant, by Julia Kreppein, Her Guardian ad Litem, et al., Appellants, v. New York Rapid Transit Corporation, Respondent.
    Submitted February 24, 1942;
    decided March 5, 1942.

      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), for motion.

      David G. Mendelsohn for appellants.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files an undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    Harry O. McCarthy, Appellant, v. Mary M. McCarthy, Respondent.
    Submitted February 26, 1942;
    decided March 5, 1942.

      Noah Seedman for motion.

      John M. Wilson opposed.
   Motion dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of O’Connor Long Island Properties Corporation, Appellant, against Henry E. Bruckman et al., Constituting the State Liquor Authority, Respondents.
    Submitted February 24, 1942;
    decided March 5, 1942.

      Francis V. McHugh for motion.

      Herbert S. Holiner and Milton N. Mound opposed.
   Motion denied.


text:
    The People of the State of New York, Respondent, v. Charles Henderson and Angelo Cirrito, Appellants.
    Submitted March. 6, 1942;
    decided March 11, 1942.

      James L. Kelly, District Attorney, for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of the Will of Charles H. Rathbone, Deceased. Charles H. Rathbone III et al., Appellants and Respondents; Orrin R. Judd et al., as Executors of Charles H. Rathbone, Deceased, et al., Respondents.
    Submitted March 2, 1942;
    decided March 11, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 708.)


text:
    In the Matter of Jerome A. Newman, Appellant, against Henry K. Smith, as President of Adams Express Company, et al., Respondents.
    Submitted March 2, 1942;
    decided March 11, 1942.

      Albert R. Connelly for motion.
    No one opposed.
   Motion dismissed on the ground that the order of the Appellate Division is not one from which an appeal may be allowed by this court in accordance with the provisions of subdivision 5 of section 588 of the Civil Practice Act.


text:
    Josephine Parkas, Appellant, v. Peter Parkas, Respondent.
    Submitted March 2, 1942;
    decided March 11, 1942.

      Frederick E. Klein for motion.

      David P. Siegel opposed.
   Motion dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Walter F. Downey, as Receiver of The First National Bank and Trust Company of Yonkers, Respondent, v. Alex. J. White, Inc., Appellant, Impleaded with Others. Kristen Kristensen, as Receiver, Respondent.
    Submitted March 2, 1942;
    decided March 11, 1942.

      Francis J. Duffy for motion.

      Benjamin W. Moore and Milton L. Romm opposed.
   Motion dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution. (Klasko Finance Corp. v. Bellaire Holding Corp., 257 N. Y. 1.)


text:
    Sylvia Rush, Appellant, v. Curtiss-Wright Export Corporation, Respondent.
    Submitted March 2, 1942;
    decided March 11, 1942.

      Earl J. Garey for motion.
    No one opposed.
   Motion denied on the ground that an appeal lies as of right.