text:
    In the Matter of Jacob Bromberg, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Argued December 2, 1953;
    decided January 15, 1954.

      Jacob Leiman for appellant.

      Beatrice Shainswit and Robert H. Schaffer for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Van Voorhis, JJ. Taking no part: Froessel, J.


source: Caselaw Access Project

license: Public Domain

text:
    Mae O’Rourke, Appellant, v. Halcyon Rest et al., Respondents, et al., Defendants.
    Argued November 17, 1953;
    decided January 15, 1954.

      Robert E. Curran for appellant.

      Joseph J. Brophy, Desmond T. Barry and James A. Treanor, Jr., for Henry W. Lloyd, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voobhis, JJ.


text:
    Helen Matthiesen et al., Respondents, v. Anthony Adrian, Appellant.
    Argued December 2, 1953;
    decided January 15, 1954.

      Stanley B. Johnson, William S. O’Connor and G. R. Bartlett, Jr., for appellant.

      Henry Hirschberg and Milton Dammann for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye and Feoessel, JJ. Fuld and Van Vooehis, JJ., dissent and vote to reverse and dismiss the complaint upon the ground that the record contains no evidence of actionable negligence on defendant’s part nor of freedom from contributory negligence.


text:
    Manocraft Clothes, Inc., Appellant, v. Fidelity and Deposit Company of Maryland, Respondent.
    Argued November 20, 1953;
    decided January 15, 1954.

      Jacob W. Friedman for appellant.

      Sidney J. Loeb for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    Frank E. Johnson, Appellant, v. Hilda Dunbar, Respondent.
    Argued November 30, 1953;
    decided January 15, 1954.

      Frank E. Johnson, in person, and Theodore H. Kenworth for Frank E. Johnson, appellant.

      Robert Chasen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voobhis, JJ.


text:
    In the Matter of Rector, Church Wardens and Vestrymen of Trinity Church in the City of New York, Respondent. A. A. Wiener & Sons, Inc., Appellant.
    Argued December 3, 1953;
    decided January 15, 1954.

      Herman 8. Axelrod and Maitland M. Axelrod for appellant.

      Stephen W. Hanley and Spencer Byard for respondent.
   Order affirmed; without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under the Will of Charles J. Fromberg, Deceased, Respondent. Morton Fromberg, Respondent; Robert L. Howard et al., Appellants, et al., Defendants.
    Argued November 17, 1953;
    decided January 15, 1954.

      Emanuel Schwarts for Robert L. Howard, appellant.

      Jonas J. Shapiro and Janet Perlman for Max M. Levy and others, appellants.

      Emanuel Harris and Max E. Greenberg for Morton From-berg, respondent.
   Order affirmed, with costs to the respondent Fromberg payable out of the estate; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld and Fboessbl, JJ. Taking no part: Van Voobhis, J.


text:
    Thomas A. Paretta, Doing Business under the Name of Thomas A. Paretta Co., Respondent, v. White Acres Realty Corp., Appellant, et al., Defendants.
    Argued November 19, 1953;
    decided January 15, 1954.

      Irwin M. Levy for appellant.

      Emanuel Harris, Max E. Greenberg and Norman Kapp for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Holly Popkin, by Irving Popkin, Her Guardian ad Litem, Appellant, v. Jewish Young Men’s and Women’s Association of Rochester, New York, Inc., Respondent. Irving Popkin, Appellant, v. Jewish Young Men’s and Women’s Association of Rochester, New York, Inc., Respondent.
    Argued November 23, 1953;
    decided January 15, 1954.

      Meyer Fix for appellants.

      Robert G. Winchell for respondent.
   Judgments affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. no Van J.


text:
    In the Matter of the Accounting of Manufacturers and Traders Trust Company, as Trustee under the Will of Henry Haber, Deceased, Respondent. Edda Wimpfheimer et al., Respondents; Bella Stern, Appellant.
    Argued November 25, 1953;
    decided January 15, 1954.

      Robert R. Slaughter and Arthur R. Hyman for appellant.

      George W. Percy for Edda Wimpfheimer and others, respondents.
   Decree affirmed, with costs to respondents payable out of the trust estate; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Laura Van Duzer, Appellant, v. Warren Anderson, Respondent, et al., Defendants.
    Submitted December 1, 1953;
    decided January 15, 1954.

      Barnet S. Selman and H. Jay Messeloff for appellant.
    No appearance for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Bounded by Concord Street and Other Streets, and Bounded by Sands Street and Other Streets, for Public Purposes, in the Borough of Brooklyn. Alexander Mettler, Appellant. In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Bounded by Washington Street and Other Streets, Selected for the Brooklyn High School of Specialty Trades, in the Borough of Brooklyn. Alexander Mettler, Appellant.
    Argued November 23, 1953;
    decided January 15, 1954.

      George Schenker for appellant.

      Denis M. Hurley, Corporation Counsel (Milton H. Harris, Harry E. O’Donnell and Benjamin Offner of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Yoobhis, JJ.


author: Per Curiam.

text:
    The People of the State of New York ex rel. Howard Prosser, Respondent, against Walter B. Martin, as Warden of Attica State Prison, Appellant. The People of the State of New York, Appellant.
    Argued October 21, 1953;
    decided January 15, 1954.

      Nathaniel L. Goldstein, Attorney-General (Herman N. liar-court, Wendell P. Brown and J. Bruce MacDonald of counsel), for the People of the State of New York, appellant.

      David J. Read for respondent.
   Per Curiam.

The legality of a sentence may be tested in a habeas corpus proceeding. When an order in such a proceeding directs the sentencing court to resentence the relator, such court is under the necessity of resentencing him within a reasonable time. If it fails to do so, the District Attorney is under a duty to make an application pursuant to article 78 of the Civil Practice Act for an order to compel the sentencing court to proceed with such resentencing and pronounce judgment (Matter of Hogan v. Bohan, 305 N. Y. 110). Here, we have been told, the term of imprisonment that might have been lawfully imposed has expired.

The order should be affirmed.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ., concur in Per Curiam opinion; Van Voobhis, J., concurs in the result.

Order affirmed.


text:
    Katherine Cunningham, as Administratrix of the Estate of Michael Cunningham, Deceased, Appellant, v. Mark Rafalsky and Company, Respondent.
    Argued November 20, 1953;
    decided January 15, 1954.

      Paul O’Dwyer for appellant.

      Patrick E. Gibbons and William J. Magee for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Fboessel and Van Voobhis, JJ.


text:
    Elizabeth M. Sher, Appellant, v. Centrotex, Ltd., Respondent.
    Argued November 23, 1953;
    decided January 15, 1954.

      Martin A. Boeder and Boger Evan Sher for appellant.

      Leonard E. Oolditch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Jean Miller, Respondent, v. Frederick Fell et al., Constituting the Common Council of the City of Long Beach, et al., Appellants, et al., Interveners, Defendants.
    Argued November 16, 1953;
    decided January 15, 1954.

      Bernard M. Bailey, Corporation Counsel (Foster E. Vogel of counsel), for appellants.

      Bernard Burlahoff for respondent.

      Saul B. Bradie for Pearl Tepperman, amicus curice, in support of respondent’s position.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    The People of the State of New York, Respondent, v. Barry Jacobs and John Dale Green, Appellants.
    Argued November 18, 1953;
    decided January 15, 1954.

      J. Bertram Wegman, Richard J. Burke and Myron L. Shapiro for Barry Jacobs, appellant.

      Matthew H. Brandenburg for John Dale Green, appellant.

      George B. De Luca, District Attorney (George Tilser, John B. Lee, Francis X. O’Brien and Milton Altschuler of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ, [See 306 N. Y. 758.]


text:
    Philip Sanguedolce, an Infant, by Fred A. Sanguedolce, His Guardian ad Litem, Respondent, v. Genesee River Land Development Corporation, Appellant. Fred A. Sanguedolce, Respondent, v. Genesee River Land Development Corporation, Appellant.
    Argued November 24, 1953;
    decided January 15, 1954.

      Luther Ira Webster for appellant.

      Milton Kars for respondents.
   . Judgments affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Accounting of Friend L. Tuttle, as Surviving Executor and Trustee under the Will of Richard E. Allen, Deceased. Friend L. Tuttle, Individually and as Surviving Executor and Trustee under the Will of Richard E. Allen, Deceased, Respondent and Appellant; Charles O. Woolley et al., as Executors of Emily A. Woolley, Deceased Coexecutor and Cotrustee under the Will of Richard E. Allen, Deceased, et al., Appellants and Respondents.
    Argued November 30, 1953;
    decided January 15, 1954.

      Ralph Stout, Floyd Martin Sheffield, appellant-respondent in person, and Milton Greenehaum for appellants-respondents.

      Richard Steel for respondent-appellant.
   Decree affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    The People of the State of New York, Respondent, v. Merle V. Fuller, Appellant.
    Argued December 1, 1953;
    decided January 15, 1954.

      Lazarus I. Levine for appellant.

      Julian B. Erway, District Attorney (Harold E. Koreman of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Lillian E. Wirth, Appellant, v. George R. Wirth, Respondent.
    Submitted January 4, 1954;
    decided January 15, 1954.

      Harold B. Brophy for respondent.
   Motion to dismiss appeal withdrawn.


text:
    Dorothy Schaller et al., Appellants, v. Aetna Casualty and Surety Company, Respondent.
    Argued October 22, 1953;
    decided January 21, 1954.

      Richards W. Hannah and David Klein for appellants.

      John P. Carson and William 8. O’Connor for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Desmond, Dye, Fuld, Frobssel and Van Voorhis, JJ. Conway, J., dissents and votes to reverse the judgment of the Appellate Division, with costs, and to grant a new trial upon the opinion of Bbldook, J., at Trial Term.


text:
    The People of the State of New York, Respondent, v. Henry Louis Allen and John Martin, Appellants.
    Argued December 1, 1953;
    decided January 21, 1954.

      Harry G. Anderson, Harry Chiert and Rudolph Stand for Henry Louis Allen, appellant.

      Nathan R. Schor and Samuel Bader for John Martin, appellant.

      Miles F. McDonald, District Attorney (William I. Siegel of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Rossbach Associates, Inc., Appellant and Respondent, v. Realty Associates, Inc., et al., Respondents and Appellants.
    Argued November 18, 1953;
    decided January 21, 1954.

      Bernard H. Goldstein, Victor 8. Gettner and Theodore A. Kaufman for appellant-respondent.

      Alexander Pfeiffer and Clarence 8. Barasch for respondents-appellants.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    Frank Buro, Appellant, v. State of New York, Respondent.
    (Claim No. 28954.) (And Fourteen Other Appeals, Claims Nos. 28955-28962; 28988-28993.)
    Argued October 13, 1953;
    decided January 21, 1954.

      Reuben L. Haskell for appellants.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for respondent.
   Judgments affirmed, with costs. Memorandum: Quite clearly, there has been no change of grade and, on the weight of the evidence, there is no damage to claimants’ properties by interference with their easements of light and air. No opinion.

Concur: Desmond, Dye, Fuld and Van Voorhis, JJ. Lewis, Ch. J., Conway and Froessel, JJ., dissent and vote for reinstatement of the judgments of the Court of Claims on the following ground: There cannot be, in this case, any recovery of damages for change of grade as such, under section 6 of chapter 678 of the Laws of 1928 (see Matter of Young v. Kraclce, 262 App. Div. 67, 68-70, affd. 287 N. Y. 634). As to the alleged damage to. claimants ’ properties by interference with their easements of light and air, we conclude that the weight of the evidence supports the holding of the Court of Claims, a member of which court viewed the affected premises.


text:
    Arthur Wiesenberger, Appellant, v. Lawrence S. Mayers et al., Respondents.
    Argued May 19, 1953;
    decided January 21, 1954.

      John W. Davis, William R. Meagher and Joseph Lotterman for appellant.

      Simon H. Rifkind, Maurice Finkelstein, Herman N. Finkelstein, Joseph S. Iseman and Edward N. Gostikyan for respondents.
   Permission to withdraw appeal, without costs, granted.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


author:
      Per Curiam.
     Froessel, J.

text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under Four Trust Agreements Executed Respectively by Reginald A. Clarke and Others, Respondent. Audley Clarke Company et al., Respondents; Gertrude S. Kitfield, Appellant.
    Argued October 8, 1953;
    decided January 21, 1954.

      David Oppenheim, M. 8. Isaacs and I. 8. Isaacs for appellant.

      Conrad 8axe Keyes for City Bank Farmers Trust Company, respondent.

      William Walzer and Martin J. Walzer for Audley Clarke Company and others, respondents.

      Alfred Norich, as guardian ad litem for Evelin B. Young and others, infants, respondents.
   Per Curiam.

By separate instruments hearing the same date — December 29, 1931 — the' four children of Audley Clarke created reciprocal trusts of their stockholdings in the Audley Clarke Company and the Audley Clarke Corporation, a then wholly owned subsidiary, which was later merged with and became part of the Audley Clarke Company. In this proceeding by the trustee to settle its account from 1931-1949, the secondary income beneficiary of one of the trusts objects to the account insofar as the trustee, in computing distributable income, deducted a sum for depreciation on the real estate owned by the Audley Clarke Company or its subsidiaries. We are all agreed that on the facts of this case it was proper for the trustee to make a deduction for depreciation; that the amount was proper and that the deduction was made without fraud or bad faith. From the depreciation reserve a mortgage on a building owned by a subsidiary of Audley Clarke Company was paid off and a capital loss on a business, conducted by a 50% owned subsidiary, which had become a casualty of the depression period, was in part offset on the books. On this record we find no error in that procedure affecting the objectant.

The order should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the trust estate.

Froessel, J.

(dissenting). I dissent and vote to modify the order of the Appellate Division and the decree appealed from by disallowing the application of depreciation reserves to the payment of (1) the capital loss of $178,000 as a result of the stock investment in the Central Concrete Mixing Corporation, and (2) the $55,750 principal balance of the first mortgage covering the Oceana Theatre premises (Hascall v. King, 162 N. Y. 134; Thorn v. De Breteuil, 179 N. Y. 64; Guaranty Trust Co. of N. Y. v. Holsted, 245 N. Y. 447, 462; Matter of Adler, 164 Misc. 544; Matter of McLaughlin, 164 Misc. 539; Matter of Kaiser, 58 N. Y. S. 2d 787; Matter of Danziger, 58 N. Y. S. 2d 790, 794-796, mod. on other grounds and otherwise affd. 271 App. Div. 888; Real Property Law, § 61; Personal Property Law, § 16). The disposition below sanctions ah improper transfer from income to principal and violates the settled public policy of the State against accumulations.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Van Voobhis, JJ., concur; Fboessel, J., dissents in memorandum.

Order affirmed.


text:
    Mae Diamond, as a Director and Stockholder of Jarold Shops, Inc., Suing on Behalf of Herself and the Right of Said Corporation, Appellant, v. Evelyn Diamond et al., Respondents.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Jay Leo Rothschild for motion.

      Jacob W. Friedman opposed.
   Motion denied. Appellant will be precluded from presenting a brief on the appeal herein unless such brief shall be served and filed no later than February 1, 1954,


text:
    Irving Gerber, Appellant, v. Jarold Shops, Inc., Respondent.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Jay Leo Rothschild for motion.

      Jacob W. Friedman opposed.
   Motion denied. Appellant will be precluded from presenting a brief on the appeal herein unless such brief shall he served and filed no later than February 1, 1954.


text:
    Lewis S. Flagg, Jr., Respondent, v. D. Ward Nichols, as Bishop of the First Episcopal District of the African Methodist Episcopal Church and as Presiding Officer of Each of the Conferences Comprised Thereunder, Appellant, et al., Defendants.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Bernard R. Lieberman for motion.

      Alan L. Dingle opposed.
   Motion denied.


text:
    H. E. R. Laboratories, Inc., Appellant, v. Morris Rosensweig, et al., Defendants. Rudolph Allen, an Attorney, Respondent.
    Submitted November 30, 1953;
    decided January 21, 1954.

      Victor D. Werner for motion.

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


text:
    In the Matter of H. E. R. Laboratories, Inc., et al., Appellants, against Rudolph Allen, an Attorney, Respondent.
    Submitted November 30, 1953;
    decided January 21, 1954.

      Victor D. Werner for motion.

      Rudolph Allen opposed.
   Motion denied, with $10 costs and necessary printing disbursements.


text:
    In the Matter of Robert P. Hill, Appellant, against William Lyman, Individually and as President Justice of the Municipal Court of the City of New York, Respondent.
    Submitted January 11, 1954;
    decided January 21, 1954.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Irving L. Robbins of counsel), for motion.

      Emanuel Redfield opposed.
   Motion granted and appeal dismissed upon the ground that no constitutional question is directly involved (Civ. Prac. Act, § 588, subd. 1, par. [a]).


text:
    In the Matter of the Arbitration between Beulah Cohen, as President of Local 1506, of Retail Clerks International Association, A. F. of L., Respondent, and Standard Furniture Company, Appellant.
    Submitted January 4, 1954;
    decided January 21, 1954.

      John F. X. Finn and Robert H. Jones, III, for motion.
    No one opposed.
   Motion granted.


text:
    In the Matter of the Claim of John Luoma, Respondent, against Spearin, Preston & Burrows, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted January 4, 1954;
    decided January 21, 1954.

      J ohn P. Smith for motion.

      Nathaniel L. Goldstein, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), opposed.
   Motion dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of the Petition of Dinah R. Rosenblatt, for Reinstatement as an Attorney and Counselor at Law. In the Matter of the Application of Erie County Bar Association for Disciplinary Action against Dinah R. Rosenblatt, an Attorney and Counselor at Law.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Dinah R. Rosenblatt, in person, for motions.

      J. Clement Johnson, opposed.
   Motion in the first above-entitled proceeding for leave to appeal dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution. Motion in the second above-entitled proceeding, insofar as it seeks leave to appeal, dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution, and motion, insofar as it seeks reargument of motion for leave to appeal, denied.


text:
    In the Matter of John O. Young, Appellant, against Farmers and Traders Life Insurance Company, Respondent.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Benjamin E. Shove for motion.

      Harlow B. Ansell, Laurence Sovih, and Martin F. Kendrick, opposed.
   Motion denied, with $10 costs.


text:
    The People of the State of New York, Respondent, v. Patsy Senzerevenio and Angelo De Angelo, Appellants.
    Submitted January 11, 1954;
    decided January 21, 1954.

      Jesse E. Cantor, District Attorney {Frank Del Vecchio of counsel), for motion.

      Perry B. Bauch and Jacob Bender son opposed.
   Motions granted.


text:
    The People of the State of New York, Respondent, v. Philip E. Nannery, Appellant.
    Submitted January 4, 1954;
    decided January 21, 1954.
   Motion for reargument denied. [See 303 N. Y. 760.]


text:
    The People of the State of New York, Respondent, v. Raymond O’Keefe, Antonio Romeo, Louis Dimbro, Joseph Banovic, Alias “ Bingo Joe ”, Keiser Joseph, Alias “ Mushy Keiser ”, Demetrius Saraceno, Sidney Goodsite, Alias “ Shimmy ”, Martin Mondolfi, Louis Fiato, and Joseph Capalaces, Appellants, et al., Defendants.
    Submitted January 4, 1954;
    decided January 21, 1954.
   Motion for reargument denied.

Motion for amendment of the remittitur granted. Return of remittitur requested, and, when returned, it will be amended by adding thereto the following: Questions under the Federal Constitution were presented and necessarily passed upon by the Court of Appeals, viz.: as to whether the rights of the defendants to due process under the Fourteenth Amendment to the Federal Constitution were violated by certain communications between the County Judge and jurors, and by refusal of the County Court to grant to defendant O’Keefe a further adjournment of the trial. The Court of Appeals held that there was no denial of any constitutional right of any defendant. [See 306 N. Y. 619.]


text:
    The People of the State of New York ex rel. Rosario Di Maggio, Appellant, against Vernon A. Morhous, as Warden of Great Meadow Prison, Respondent.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Rosario Di Maggio, in person, for motions.
    No one opposed.
   Motion, insofar as it seeks leave to prosecute appeal upon typewritten papers and for assignment of counsel, granted, and Paul F. Donohue, Esq., of Albany, N. Y., assigned as counsel to the relator. Motion, insofar as it seeks an order directing the Clerk of the Appellate Division, Third Department, to supply-relator with the record, denied upon the ground that such relief should be sought from the office of the Clerk of the Court of Appeals. (Cf., e.g., Matter of Partridge, 301 N. Y. 682, 683.)


text:
    Walter N. Smith, Appellant, v. Hugh J. Casey et al., Constituting the New York City Transit Authority, Respondents.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Walter N. Smith, in person, for motion.

      Harold L. Warner, opposed.
   Motion denied and appeal dismissed.


text:
    Vernon Park Realty, Inc., Respondent, v. City of Mount Vernon, Appellant.
    Submitted January 4, 1954;
    decided January 21, 1954.

      Harry Zimmerman, Corporation Counsel (William Macy of counsel), for motion.

      William F. Blealdey, opposed.
   Motion denied upon the ground that an appeal lies as of right.


text:
    In the Matter of the Probate of the Will of Frank F. Arnold, Deceased. Manufacturers Trust Company et al., Respondents; Ada G. Dolan, Appellant.
    Submitted January 4, 1954;
    decided January 21, 1954.
   Motion for reargument of motion for leave to appeal denied, with $10 costs and necessary printing disbursements. [See 306 N. Y. 981.]


text:
    The People of the State of New York, Respondent, v. Michael J. Regan, Appellant.
    Argued November 24, 1953;
    decided January 22, 1954.

      Julius A. Hellenbrand for appellant.

      Miles F. McDonald, District Attorney (Aaron E. Koota and Julius H elf and of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of Stanwood United, Inc., Respondent, against John F. O’Connell et al., Constituting the State Liquor Authority, Appellants.
    Argued January 11, 1954;
    decided January 22, 1954.

      Alvin McKinley Sylvester, Robert W. Corcoran and Emanuel D. Black for appellants.

      William I. Cohen and Jack Reinstein for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Froessel and Van Voorhis, JJ.; Desmond, Dye and Fuld, JJ., dissent and vote to reverse and to reinstate the determination of the Authority on the ground there is substantial evidence to support that determination.


text:
    Cadman Memorial Congregational Society of Brooklyn et al., Suing on Behalf of Themselves and Other Congregational Christian Churches Similarly Situated, Appellants, v. Helen Kenyon, as Moderator of The General Council of the Congregational Churches of the United States, Respondent.
    Submitted January 13, 1954;
    decided January 22, 1954.
   Motion by appellants for order staying the enforcement of the remittitur of this court, dated December 3, 1953, pending the making and determination of a motion for reargument of the appeal, granted until March 1, 1954. [See 306 N. Y. 151, 792.]


text:
    Margarite Auten, Appellant, v. Harold Auten, Respondent.
    Submitted January 4, 1954;
    decided January 22, 1954.

      Bernard B. Smith for motion.

      Saul Hammer opposed.
   Motion denied upon the ground that the appeal lies as of right.


text:
    William H. De Witt et al., Respondents, v. Nellie Patterson, Appellant.
    Submitted January 21, 1954;
    decided January 22, 1954.

      Everett K. Van Allen for appellant.

      Arthur E. Rosenberg for respondents.
   Application granted. Appeal dismissed, with costs.


text:
    Nora Gribbin, Appellant, v. Leon S. Mygatt, Respondent, et al., Defendants.
    Submitted January 4, 1954;
    decided January 22, 1954.

      E. E. W. Wildermuth for motion.

      Charles I. Sterling opposed.
   Motion granted and E. F. W. Wildermuth, Esq., of Jamaica, New York, assigned as counsel to the appellant on the appeal herein. [See 306 N. Y. 671.]


text:
    Charlotte Lezynski, Individually and as Administratrix of the Estate of Peter Lezynski, Deceased, Appellant, v. Joseph Kasprzyk et al., Defendants, and Joseph Pantera et al., Respondents.
    Submitted January 4, 1954;
    decided January 22, 1954.

      William L. Rieth for motion to dismiss appeal and in opposition to motion for leave to prosecute appeal as a poor person.

      Maurice Abloff for motion for leave to prosecute appeal as a poor person and in opposition to motion to dismiss appeal.
   Motion to dismiss appeal denied. Application for leave to prosecute appeal as a poor person granted.


text:
    In the Matter of Acker Merrall & Condit Company et al., Appellants, against New York State Liquor Authority et al., Respondents.
    Submitted January 18, 1954;
    decided January 22, 1954.

      John Lane for motion.
    No one opposed.
   Motion granted to the extent that, pending the granting or denial of the application for leave to appeal, the operation and effect of the order of the Appellate Division, First Department, dated November 10, 1953, as resettled by its order dated January 6, 1954, insofar as it remits the matter to the State Liquor Authority for further consideration, is stayed, provided, however, that the stay order granted herein shall not be construed to interfere with the sale of alcoholic beverages by the respondent Bob’s Corked Liquors, Inc., at the premises 215 West 88th Street, New York City.


text:
    In the Matter of Joseph L. Auer, on His Own Behalf and on Behalf of All Holders of Class A Stock of R. Hoe & Co., Inc., et al., Respondents, against Arthur Dressel, Individually and as President of R. Hoe & Co., Inc., et al., Appellants.
    Submitted January 11, 1954;
    decided January 22, 1954.

      Neil P. Gullom, Orison S. Marden, Thomas F. Peterson, John M. Johnson and Robert D. Cole for motion.

      Bruce A. Hecker, John R. Stevenson and John Kadel opposed.
   Motion granted and appeal set down for argument during the first week of the February, 1954, session.


text:
    In the Matter of William Schwartz, Appellant, against Board of Estimate of the City of New York, as Head of the New York City Employees’ Retirement System, et al., Respondents.
    Submitted January 18, 1954;
    decided January 22, 1954.

      Adrian P. Burke, Corporation Counsel (Anthony Currieri of counsel), for motion.
    No one opposed.
   Motion granted.


text:
    William McWhorter et al., Respondents, v. George L. Stevens, Appellant. (Action No. 1.) George L. Stevens, Appellant, v. William McWhorter, Respondent. (Action No. 2.)
    Submitted January 21, 1954;
    decided January 22, 1954.

      John A. Leary for motion.
    No one opposed.
   Motions denied with leave to renew on sufficient papers so that this court may determine whether undertakings are required.


text:
    The People of the State of New York, Respondent, v. Barry Jacobs and John Dale Green, Appellants.
    Submitted February 23, 1954;
    decided February 24, 1954.
   Motions to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Questions under the Federal Constitution were presented and passed upon by the Court of Appeals, viz.: (1) whether the admission in evidence of the confessions and oral statements of defendants, Jacobs and Green, violated their rights under the Fourteenth Amendment of the Constitution of the United States; (2) whether the charge of the Trial Judge as to the criteria to be used by the jury in determining whether the confessions and oral statements of defendant Jacobs were voluntary violated his rights under the Constitution of the United States; (3) whether the refusal of the Trial Judge to charge as requested concerning the right of defendants, Jacobs and Green, not to testify violated their rights under the Fourteenth Amendment of the Constitution of the United States; (4) whether the denial of a change of venue by the Supreme Court of the State of New York, Bronx County, violated the rights of defendant Jacobs under the Fourteenth Amendment of the Constitution of the United States; (5) whether the granting of the motion of the People for a special jury pursuant to section 749-aa of the Judiciary Law of the State of New York violated the rights of defendants, Jacobs and Green, under the Fourteenth Amendment of the Constitution of the United States; (6) whether the denial of the challenge by defendants, Jacobs and Green, to the special jury panel violated their rights under the Fourteenth Amendment of the Constitution of the United States, and (7) whether the trial of defendants, Jacobs and Green, before the special jury violated their rights under the Fourteenth Amendment of the Constitution of the United States. The Court of Appeals held that the rights of defendants under the Fourteenth Amendment of the Constitution of the United States had not been violated or denied. [See 306 N. Y. 717.]


text:
    The People of the State of New York, Respondent, v. Anthony Pasquarello, Appellant.
    Argued January 11, 1954;
    decided February 25, 1954.

      Leonard N. Lakser and James V. Campana for appellant.

      John F. Dwyer, District Attorney (George R. Blair and Leonard Finkelstein of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fund, Frobssel and Van Voorhis, JJ.


text:
    In the Matter of Francisco Cota, Appellant, against New York State Liquor Authority, Respondent.
    Argued January 4, 1954;
    decided February 25, 1954.

      Jack Reinstein and William I. Cohen for appellant.

      Alvin McKinley Sylvester, Emanuel D. Black and Robert W. Corcoran for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Redlark Realty Corp. et al., Appellants, v. David Minkin et al., Respondents.
    Argued January 4, 1954;
    decided February 25, 1954.

      Adolph Kaufman, Milton C. Weisman, Arthur Sheinberg, Lester Samuels and Donald Jacoby for appellants.

      John P. McGrath, Martin D. Jacobs and Frederick B. Adler for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    In the Matter of Hilton Hotels Corporation, Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents. [2-20 and 22 W. 59th St., Borough of Manhattan.]
    Argued January 13, 1954;
    decided February 25, 1954.

      Charles Lamb, Loretta A. Conway and Joseph Marble for appellant.

      Denis M. Hurley, Corporation Counsel (Edith I. Spivacb and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Vooehis, JJ.


text:
    Eleanor Cabri, Individually and as Administratrix of the Estate of Eugene Cabri, Deceased, Respondent, v. Long Island Rail Road Company et al., Appellants.
    Argued November 19, 1953;
    decided February 25, 1954.

      William, F. McNulty, Richard R. Bong arts and William J. O’Brien for Long Island Rail Road Company, appellant.

      George W. Percy for Town of Southampton, appellant.

      Bernard Meyerson, Henry M. Zaleski and Frank A. Jablonka for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Conway, Desmond, Dye, Fuld and Froessel, JJ. Lewis, Ch. J., and Van Voorhis, J., dissent in the following memorandum. In our view the judgment appealed from should be reversed and the complaint dismissed upon the ground that plaintiff’s intestate was guilty of contributory negligence as a matter of law (Wadsworth v. Delaware, L. & W. R. R., 296 N. Y. 206, 212; Crough v. New York Central R. R. Co., 260 N. Y. 227; Schrader v. New York, C. & St. L. R. R. Co., 254 N. Y. 148; Allen v. Erie R. R. Co., 244 N. Y. 542; Avery v. New York, O. & W. Ry. Co., 205 N. Y. 502; Proefrock v. Denney, 258 App. Div. 5, affd. 283 N. Y. 648).


text:
    Frances Malbon, as Administratrix of the Estate of Clarence H. Malbon, Deceased, Appellant, v. Phelps Dodge Refining Corp., Respondent. Lillie Farkas, Individually and Doing Business under the Name of General Industrial Painting Co., Third-Party Defendant.
    Argued January 7, 1954;
    decided February 25, 1954.

      Stephen W. O’Leary, Alfred Jaffe, Jeremiah A. O’Leary and Albert P. Thill for appellant.

      John J. Gunneen for respondent.
   Judgment, insofar as appealed from, affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Samuel Hersh, Respondent, v. Helen R. Roedels et al., Individually and as Trustees under the Will of Mary Larkin, Deceased, et al., Appellants, et al., Defendants.
    Argued January 13, 1954;
    decided February 25, 1954.

      William E. Lyons and Richard G. Brueckner for appellants.

      Bernard Meyerson, Philip Levine and Gustave G. Rosenberg for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    Gilbert Adrian, Respondent, v. Irving Unterman et al., Appellants, et al., Defendants.
    Argued January 12, 1954;
    decided February 25, 1954.

      Samuel Masia, Archibald Palmer and Henry H. Zolki for appellants.

      Joseph M. Proshauer, John B. Boyle, Eugene Eisenmann and Arthur H. Beibert for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    American Store Equipment and Construction Corporation, Appellant, v. Buffalo Municipal Housing Authority, Respondent.
    Argued January 13, 1954;
    decided February 25, 1954.

      David Diamond and Clyde W. Summers for appellant.

      William B. Lawless, Jr., Corporation Counsel {Abraham 1. Ohun of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    In the Matter of Adelaide M. Delpriore, Respondent, against Richard Ball et al., Constituting the Zoning Board of Appeals of the Town of Amherst, County of Erie, Appellants.
    Argued January 18, 1954;
    decided February 25, 1954.

      Leland G. Davis for appellants.

      Robert D. Fernbach for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Sponge Rubber Products Company, Respondent, v. Purofied Down Products Corporation, Appellant.
    Argued. January 19,1954;
    decided February 25, 1954.

      Aaron Edward Nowach and Jesse L. Goldberg for appellant.

      Robert J. Blum for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    The People of the State of New York, Respondent, v. Jerry Jerome, Appellant, et al., Defendants.
    Argued January 21, 1954;
    decided February 25, 1954.

      Samuel Kroland for appellant.

      Frank S. Hogan, District Attorney (Charles W. Manning, Jack M. Cotton and Oscar A. Bloustein of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Feoessel and Van Voorhis, JJ.


text:
    In the Matter of the Claim of Luis Trillas, Respondent, against Weimet Film Co., Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued November 23, 1953;
    decided February 25, 1954.

      John M. Cullen for Special Disability Fund, appellant.

      John Nielsen and John P. Smith for Weimet Film Co., Inc., and another, appellants.

      Abraham MarTchoff for claimant-respondent.
   Order affirmed, with costs, and order absolute directed against appellants upon the stipulation and matter remitted to Workmen’s Compensation Board with directions to make an award in favor of claimant.

Concur: Lewis, Ch. J., Conway, Dye and Fboessel, JJ. Desmond, Fuld and Van Voobhis, JJ., dissent and vote to reverse the order and to reinstate the determination of the Workmen’s Compensation Board dismissing the claim, upon the ground that there was substantial evidence to sustain the board’s decision that claimant suffered at most an eye injury, where, from a compensation standpoint, he was totally and permanently blind before the accident.


text:
    William A. Gorham, Plaintiff, v. Norman Arons et al., Defendants, and National Auto Renting Co., Inc., Defendant and Third-Party Plaintiff-Appellant. Parish Press Inc., Third-Party Defendant-Respondent.
    Argued January 6, 1954;
    decided February 25, 1954.

      Samuel E. Swiggett for third-party plaintiff-appellant.

      Frederick Behr and Frederick Behr, Jr., for third-party defendant-respondent.
   Per Curiam.

Appellant, third-party plaintiff, urges that the Appellate Division improperly reversed the judgment of the trial court and dismissed its third-party complaint on the basis of appellant’s breach of its agreement with respondent, third-party defendant, since the latter’s answer, while alleging the agreement, failed to plead a breach. The record shows, however, that evidence offered to establish such breach was admitted at the trial, and that the issue was considered and determined by both the trial court and the Appellate Division — all without demur or objection from appellant, until it moved for reargument in the Appellate Division. Especially in such circumstances, the Appellate Division was fully empowered to deem the pleadings as amended to conform to the proofs or to disregard respondent’s omission to plead the defense (Civ. Prac. Act, §§ 105, 109). Nothing in Volkening v. De Graaf (81 N. Y. 268, 272) or Amherst Coll. v. Ritchie (151 N. Y. 282, 337) or McCaddon v. Central Trust Co. of N. Y. (229 N. Y. 560, affg. 182 App. Div. 846) denies such authority to the Appellate Division, even though it reverses the judgment below.

The judgment appealed from should be affirmed, with costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ., concur.

Judgment affirmed.


text:
    In the Matter of Stuyvesant Town Corporation et al., Respondents, against Vincent R. Impellitteri et al., Constituting the Board of Estimate of the City of New York, et al., Appellants.
    Argued January 18, 1954;
    decided February 25, 1954.

      Denis M. Hurley, Corporation Counsel (Wilfred Bernard Richland, Bernard Friedlander, Pauline K. Berger and Barbara Carroll of counsel), for appellants.

      C. Frank Reavis, Churchill Rodgers, Jeremiah M. Evarts and Martin D. Jacobs for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    August Glass, Appellant, v. Gens-Jarboe, Inc., Respondent, et al., Defendants. Gens-Jarboe, Inc., Third-Party Plaintiff-Appellant, v. Barker Bros. Painting Corp., Third-Party Defendant-Respondent.
    Argued January 19, 1954;
    decided February 25, 1954.

      Moe Levine, William W. Heiberger, Bernard Meyerson and Max Shamis for plaintiff-appellant.

      Walter C. Evans, William C. Morris and Joseph Kane for third-party plaintiff-appellant.

      James I. Cuff, Richard A. Koehler, Hobart R. Marvin and Lillian E. Cuff for third-party defendant-respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    David R. Brown, Respondent, v. Mildred H. Brown, Appellant.
    Argued January 11, 1954;
    decided February 25, 1954.

      Howard T. Hogan for appellant.

      Meyer F. Goodman for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Frobssel and Van Voorhis, JJ.


text:
    Archibald Brown, Respondent, v. Hugo Stinnes Corporation, Appellant. Archibald Brown, Respondent, v. Hugo Stinnes Industries, Inc., Appellant.
    Argued January 5, 1954;
    decided February 25, 1954.

      Paul W. Williams, Milton F. Rosenthal and James B. Henry, Jr., for appellants.

      Herbert Plaut, Frank R. Bruce and Bernard A. Feuerstein for respondent.
   Orders affirmed, with costs. Questions certified answered in the negative. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Yoobhis, JJ.


text:
    Archibald Brown, Respondent, v. Hugo Stinnes Corporation, Appellant. Archibald Brown, Respondent, v. Hugo Stinnes Industries, Inc., Appellant.
    Submitted January 5, 1954;
    decided February 25, 1954.

      Paul W. Williams for motion.

      Herbert Plant opposed.
   Motion denied.


text:
    Cadman Memorial Congregational Society of Brooklyn et al., Suing on Behalf of Themselves and Other Congregational Christian Churches Similarly Situated, Appellants, v. Helen Kenyon, as Moderator of The General Council of the Congregational Churches of the United States, Respondent.
    Submitted March 1, 1954;
    decided March 2, 1954.
   Motion by appellants for an order staying the enforcement of the remittitur of this court, dated December 3,1953, pending the making and determination of a motion for reargument of the appeal, granted until March 8,1954, on condition, however, that the motion for reargument of the appeal be made returnable March 8,1954. [See 306 N. Y. 151, 751.]


text:
    The People of the State of New York, Respondent, v. J. G. Menihan Corp., Appellant.
    Argued January 6, 1954;
    decided March 4, 1954.

      Paul Reed Taylor for appellant.

      Nathaniel L. Goldstein, Attorney-General (Francis R. Curran and Wendell P. Brown of counsel), for respondent.
   Order affirmed; no opinion.

Concur:. Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Claim of Retta M. Naylor, Claimant. Shuron Optical Company, Inc., Respondent; Edward Corsi, as Industrial Commissioner, Appellant.
    Argued January 7, 1954;
    decided March 4, 1954.

      Nathaniel L. Goldstein, Attorney-General (Francis B. Curran and Wendell P. Brown of counsel), for appellant.

      Wilbur Daniels and Morris P. Glushien for New York State Federation of Labor, amicus curiae, in support of appellant’s position.

      Herman A. Gray for New York State CIO Council, amicus curiae, in support of appellant’s position.

      George B. Fear on and Vincent A. O’Neil for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessbl and Van Voorhis, JJ.


text:
    Eli A. Saks, Respondent and Appellant, v. Fidelity and Deposit Company of Maryland, Appellant and Respondent.
    Argued December 1, 1953;
    decided March 4, 1954.

      Mark N. Turner for appellant-respondent.

      George M. Donohue and Albert E. Moss for respondent-appellant.
   Per Curiam.

In our view the jury could properly have made the finding — implicit in its verdict — that the cash register tape for December 10,1949, which indicated plaintiff’s sales for that date to have been $117.62, constituted a sufficient record, within the meaning of the policy of burglary insurance, to support its verdict for the loss occurring on that date. Deducting from the amount indicated above the sums of $19.25 (which represents cash paid out by plaintiff) and $38.32 (the amount left by the robbers), the balance of $60.05 represents loss to the plaintiff which should not have been deducted from the judgment.

Accordingly, the judgment entered upon the order of the Appellate Division should be modified by increasing the amount of the award to the plaintiff by $60.05, and, as thus modified, affirmed, without costs.

Lewis, Ch. J., Conway, Desmond, Fuld and Froessel, JJ., concur; Dye and Van Voorhis, JJ., dissent and vote to reverse the judgment and for a new trial on the ground that the memorandum described as Exhibit 5 is insufficient as a matter of law to comply with the requirements of the policy, for the reason stated in the dissenting opinion by Justice Vaughan at the Appellate Division.

Judgment accordingly.


text:
    Mary P. Borshowsky, as Administratrix of the Estate of John Palega, Deceased, Appellant, v. B. Altman & Co., Respondent.
    Argued January 13, 1954;
    decided March 4, 1954.

      Bernard Meyerson and Fred Flatow for appellant.

      Samuel E. Swiggett for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. Taking no part: Van Voobhis, J.


text:
    Boyce Motor Lines, Inc., Appellant, v. State of New York, Respondent. Eastman Kodak Company et al., Appellants, v. State of New York, Respondent. Mabel L. Rogers, as Administratrix of the Estate of Harold C. Rogers, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 29293.)
    (Claim No. 29294.)
    (Claim No. 29295.)
    Argued January 11, 1954;
    decided March 4, 1954.

      James M. Ryan for appellants.

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

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. Taking no part: Van Voobhis, J.


text:
    Roy Anderson et al., Appellants, v. City of New York, Respondent.
    Argued January 11, 1954;
    decided March 4, 1954.

      Samuel Besnicoff for appellants.

      Denis M. Hurley, Corporation Counsel {Andrew Bellanca and Seymour B. Quel of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fund and Fboessel, JJ. Taking no part: Van Voobhis, J.


text:
    Francis J. Mulligan, Public Administrator of the County of New York, as Administrator of the Estate of Margaret Carter, Deceased, Appellant, v. Travelers Insurance Company, Respondent.
    Argued January 5, 1954;
    decided March 4, 1954.

      Waldemar J. Dittmar, Joseph T. Arens on and Lester G. Gelinas for appellant.

      William A. Roe and Louis P. Galli for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. Taking no part: Van Voorhis, J.


text:
    Corinne Lefkowitz, Respondent, v. Harold Lefkowitz, Appellant.
    Argued January 8, 1954;
    decided March 4, 1954.

      Solomon H. Friend, Aaron L. Solomon and Jacob P. Rosenbaum for appellant.

      Mortimer Feuer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    City of New York, Plaintiff, v. Thomas Lynch et al., Defendants. Thomas Lynch et al., Petitioners-Appellants; City of New York, Respondent.
    Argued January 14,1954;
    decided March 4, 1954.

      Edward A. Donnelly for appellants.

      Adrian P. Burhe, Corporation Counsel {Meyer Scheps, Harry E. O’Donnell and Benjamin Ojfner of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fold, Fboessel and Van Voobhis, JJ.


text:
    In the Matter of Henry Burge, Appellant. Oceanic Trading Company, Inc., Respondent; Harry A. Gottlieb, Appellant.
    Argued January 6,1954;
    decided March 4, 1954.

      Martin Evans and Edward J. Greenfield for appellants. Edward K. Hanlon, Milton Weiss and Alan T. Wensell for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Anthony Alves et al., Appellants, v. City of New York, Respondent.
    Argued January 5, 1954;
    decided March 4, 1954.

      William F. Gassin, Edward J. Barry and Alfred J. Callahan for appellants.

      Denis M. Hurley, Corporation Counsel {Andrew Bellanca and Seymour B. Quel of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Leo H. Bohling, Appellant, v. Edward Corsi, as Industrial Commissioner, et al., Respondents.
    Argued January 13, 1954;
    decided March 4, 1954.

      Merwin K. Hart, Jr., for appellant.

      Nathaniel L. Goldstein, Attorney-General (Francis B. Curran and Wendell P. Brown of counsel), for respondents.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    The People of the State of New York ex rel. The Lincoln, Inc., Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued December 2, 1953;
    decided March 4, 1954.

      Bernard A. Saslow and Irving Sonnenschein for appellant.

      Denis M. Hurley, Corporation Counsel (Edith I. Spivack and Morris Handel of counsel), for respondents.
   Order of the Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the weight of evidence supports the determination of Special Term. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessbl and Van Voorhis, JJ.


text:
    The People of the State of New York, Appellant, v. John W. Diefendorf, Respondent.
    Argued January 4, 1954;
    decided March 4, 1954.

      Frank S. Hogan, District Attorney (Harold Roland Shapiro, Richard G. Denser and Charles W. Manning of counsel), for appellant.

      Menahem Stim, Albert Felix and Joseph D. Stim for respondent.
   Order affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Beatrice Ranney, as Administratrix of the Estate of Donald M. Ranney, Deceased, Appellant, v. Habern Realty Corporation, Respondent. Habern Realty Corporation, Third-Party Plaintiff-Appellant, v. United Stone Works, Inc., Third-Party Defendant-Respondent.
    Argued November 25, 1953;
    decided March 4, 1954.

      Benjamin H. Siff, Abram II. Leef and Harry Zeitlan for appellant.

      Albert P. Thill and Emile Z. Berman for respondent and third-party plaintiff-appellant.

      Harry Schechter, Bernard K at sen and William H. Btieglits for third-party defendant-respondent.
   Judgment affirmed, with costs to defendant-respondent Habern Realty Corporation against plaintiff-appellant Ranney, and with costs to the third-party defendant-respondent United Stone Works, Inc., against the third-party plaintiff-appellant Habern Realty Corporation; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. Taking no part: Van Voobhis, J,


text:
    Jessie C. Sanford, Individually and as Executrix of Howard R. Sanford, Deceased, Appellant, v. State Tax Commission et al., Respondents.
    Argued January 8, 1954;
    decided March 4, 1954.

      William D. Krebs for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., Wendell P. Brown and Robert W. Bush of counsel), for respondents.
   Appeal dismissed, with costs; no opinion.

Concur: Lewis, Ch. J., Conwat, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney et al., Respondents.
    Submitted March 4, 1954;
    decided March 4, 1954.
   Motion for reargument denied, with $10 costs. [See 294 N. Y. 818.]


text:
    Hartford Accident and Indemnity Company, Respondent, v. First National Bank & Trust Company of Paterson, New Jersey, Defendant, and the People of the State of New York, Appellant.
    Submitted February 23, 1954;
    decided March 4, 1954.

      Andrew Eckel for motion.

      Nathaniel L. Goldstein, Attorney-General (John F. Hmiel of counsel), opposed.
   Motion denied, and case set down for argument during the April, 1954, session of the Court of Appeals.


text:
    Jaliz Holding Corp., Respondent, v. Melvin McGill et al., Appellants, and Advance Funding Corporation, Respondent.
    Submitted January 18, 1954;
    decided March 4, 1954.

      A. M. Brownstein for motion.

      Joseph 8. Bodell opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within twenty days appellants serve and file all required papers and pay $10 costs, in which events motion denied, and case set down for argument during the April, 1954, session of the Court of Appeals.


text:
    In the Matter of the City of Albany, Appellant, against Public Service Commission of the State of New York et al., Respondents.
    Submitted February 23, 1954;
    decided March 4, 1954.

      Joseph J. Doran for motion.

      Harold E. Koreman, Corporation Counsel, opposed.
   Motion denied, without costs, with leave to renew upon the argument of the appeal.


text:
    Helen L. Reiss, Appellant, v. Carl Reiss, Respondent.
    Submitted March 1, 1954;
    decided March 4, 1954.

      Harold A. Lipton for motion.

      Copal Mints opposed.
   Motion granted and appeal dismissed.


text:
    Walter N. Smith et al., Appellants, v. William O’Dwyer, as Mayor of the City of New York, et al., Respondents.
    Submitted January 18, 1954;
    decided March 4, 1954.

      Walter N. Smith, in person, for motion.
    No one opposed.
   Motion denied and appeal dismissed, with costs.


text:
    Anna M. Small, Appellant, v. Carl Ruhmshottel et al., Copartners Doing Business as Ruhmshottel Farms, et al., Respondents. Carl Ruhmshottel, Third-Party Plaintiff, v. August Roll, Third-Party Defendant.
    Submitted February 23, 1954;
    decided March 4, 1954.

      Julius Schwartz for motion.
    No one opposed.
   Motion granted and Julius Schwartz, Esq., of Hicksville, New York, assigned as counsel to the appellant on the appeal herein.


text:
    Mae Diamond, as a Director and Stockholder of Jarold Shops, Inc., Suing on Behalf of Herself and the Right of Said Corporation, Appellant, v. Evelyn Diamond et al., Respondents.
    Submitted February 23, 1954;
    decided March 4, 1954.

      Jay Leo Rothschild for motion.

      Jacob W. Friedman opposed.
   Motion granted and appeal dismissed. [See 306 N. Y. 918; 307 N. Y. 263, 804.]


text:
    Irving Gerber, Appellant, v. Jarold Shops, Inc., Respondent.
    Submitted February 23, 1954;
    decided March 4, 1954.

      Jay Leo Rothschild for motion.

      Jacob W. Friedman opposed.
   Motion granted and appeal dismissed. [See 306 N. Y. 919; 307 N. Y. 694.]


text:
    Morris M. Levine, Respondent, v. Norton S. Putter, Defendant, and Albert M. Michaelis, Appellant.
    Argued January 19, 1954;
    decided March 11, 1954.

      Sidney H. Greenberg for appellant.

      Anthony F. Caffrey for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Regina Veihelmann, Respondent, v. Manufacturers Safe Deposit Company, Appellant.
    Argued January 4, 1954;
    decided March 11, 1954.

      Stephen P. Duggan, Jr., Irving Parker and Maxwell E. Cox for appellant.

      Peter Keber and Theodore G. Metzger for New York State Bankers Association, amicus curies, in support of appellant’s position.

      Arnold Boyd and William E. Mills, Jr., for New York Safe Deposit Association, amicus curice, in support of appellant’s position.

      Ralph Stout, Frederick B. Merkle and Louis Rothbard for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Oh. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    Nathan W. Lapotin, Doing Business as Pioneer Steel & Engineering Co., Respondent, v. Gruen-Simplex Corporation, Appellant.
    Argued January 14, 1954;
    decided March 11, 1954.

      Spencer Pinkham and Joseph J. Pettinato, Jr., for appellant.

      Milton Gurwitz for respondent.
   Per Curiam.

In this action by plaintiff to recover commissions allegedly due and owing from defendant under a written contract, defendant moved, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the complaint for legal insufficiency. The courts below have held the complaint to be sufficient in law. By paragraph 4 of his complaint, plaintiff has appropriately restricted his right to recover commissions for orders he “ obtained for defendant * * * pursuant to the * * * written agreement ”. In our view, the complaint, limited as it is by said allegation, states a, cause of action.

The order should be affirmed, with costs, and the question certified answered in the affirmative.

Lewis, Ch. J., Conway, Desmond, Dye, Fund, Froessel and Van Voorhis, JJ., concur.

Order affirmed, etc.


text:
    In the Matter of the Accounting of Amadeus J. Ward, as Executor of Charles O. Pattberg, Deceased, Respondent. William Pattberg et al., Appellants; Unemployment Fund of Local No. 119, Paper Cutters Union, et al., Respondents.
    Argued January 7, 1954;
    decided March 11, 1954.

      Louis W. Arnold, Jr., Harold A. Axel and Bernard A. Saslow for appellants.

      Amadeus J. Ward, in person, and Irving Waxman for Amadeus J. Ward, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    The People of the State of New York, Respondent, v. Thomas F. Gaskin, Appellant.
    Submitted January 20, 1954;
    decided March 11, 1954.

      Benjamin Galperin and Nicholas A. Pierino for appellant.

      John F. Dwyer, District Attorney (Robert A. Burrell of counsel), for respondent.
   Judgments reversed and information dismissed upon the ground that the evidence failed to establish a finding of guilt beyond a reasonable doubt. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Arbitration between Beulah Cohen, as President of Local 1506 of Retail Clerks International Association, A. F. of L., Respondent, and Standard Furniture Company, Appellant.
    Argued January 6, 1954;
    decided March 11, 1954.

      Robert H. Jones, III, for appellant.

      Asher Marcus for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Frorp,sel and Van Voobhis, JJ.


text:
    Isidore Schimmel, Individually and as a Member of Waiters and Waitresses Union, Local No. 2, an Unincorporated Association, and on Behalf of All Other Members of Said Union, Similarly Situated, and in the Rights of Said Union, Appellant, v. Nat Messing et al., Respondents.
    Argued December 2, 1953;
    decided March 11, 1954.

      Morris Shapiro and Marcus D. Grayck for appellant.

      George Bosling for respondents.
   Per Curiam.

There is evidence to sustain the findings that the dinner was “privately sponsored” and that its object and purpose — to raise money to be divided between -Nat Messing and Edward Hoffman “ to purchase homes ” or “ give them security for the future ’ ’ —■ was communicated to the members of the union and to the purchasers of the dinner tickets and advertising space in the souvenir journal. Without such findings, which are binding upon us, we would not regard the failure of the union constitution and by-laws to forbid such an activity as tantamount to authority for the union to permit the use of its name for the purpose of benefiting the personal financial affairs of these officers.

The judgment should be affirmed, with costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Feoessel and Van Vooehis, JJ., concur.

Judgment affirmed.


text:
    In the Matter of James Norton, Respondent, against John F. O’Connell et al., Individually and as Members of the State Liquor Authority, Appellants.
    Argued January 18, 1954;
    decided March 11, 1954.

      William Moppen and Alvin McKinley Sylvester for appellants.

      Monroe I. Katcher, II, for respondent.
   Appeal dismissed, with costs. (See Matter of Glenram Wine <3 Liquor Corp. v. O’Connell, 295 N. Y. 336.) No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Froessel and Van Voorhis, JJ.


text:
    The People of the State of New York, Respondent, v. James Miele and Carlo Mendola, Appellants.
    Argued January 21, 1954;
    decided March 11, 1954.

      Salvatore M. George and Ralph J. Barra for James Miele, appellant.

      John F. Wilkinson and Ralph J. Barra for Carlo Mendola, appellant.

      George B. De Luca, District Attorney (John B. Lee and George Tilser of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voobhis, JJ„


text:
    In the Matter of John J. Burke, Appellant, against Harold Fields et al., Constituting the Board of Examiners of the Board of Education of the City of New York, Respondents.
    Argued January 7, 1954;
    decided March 11, 1954.

      John J. Burke, in person, Morris Weissberg and Sidney A. Fine for John J. Burke, appellant.

      Denis M. Hurley, Corporation Counsel (Edward J. McLaughlin and Seymour B. Quel of counsel), for respondents.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voobhis, JJ.


text:
    In the Matter of the Construction of the Will of Berta von Isenburg, Deceased. City Bank Farmers Trust Company, as Trustee under the Will of Berta von Isenburg, Deceased, et al., Appellants and Respondents; City Bank Farmers Trust Company, as Trustee under an Assignment Made by Robin B. Cooksedge and Another, Intervener, Appellant; John Lane, as Special Guardian for Murray de Klee and Another, Infants, Respondent and Appellant; Phyllis D. Faille, Intervener, Respondent.
    Argued January 20, 1954;
    decided March 11, 1954.

      Walter D. Fletcher, John C. Hover, Theodore Kiendl, Jr., and Laurence A. Spelman for Robin B. Cocksedge, appellant-respondent.

      Charles Angulo and Benjamin Nassau for City Bank Farmers Trust Company, appellant-respondent and intervener-appellant.

      J. Edward Lumbard, United States Attorney for the Southern District of New York (Thomas C. Burke of counsel), for United States of America, appellant-respondent.

      Bichard U. Koppel and Frans Martin Joseph for intervenerrespondent.

      John Lane, special guardian for Murray de Klee and another, infants, respondent-appellant.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the one-third share of the trust fund created for the benefit of Eloysa Cocksedge. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of Commercial Pictures Corporation, Appellant, against Board of Regents of the University of the State of New York, Respondent.
    Submitted March 8, 1954;
    decided March 11, 1954.

      Florence Perlow Shientag for motion.

      Charles A. Brind, Jr., for respondent.
   Motion for amendment of remittitur or for reargument granted to the extent that the return of the remittitur is requested and, when returned, it will be amended so as to provide that the order of the Appellate Division is reversed and the determination of the Board of Regents annulled, with costs in this court and in the Appellate Division, and the Board of Regents is directed to issue the license applied for by the petitioner. [See 305 N. Y. 336.]


text:
    Alfred J. Bohlinger, Superintendent of Insurance of the State of New York, as Liquidator of The Preferred Accident Insurance Company of New York, Respondent, v. Aaron Zanger, Appellant.
    Submitted March 1, 1954;
    decided March 11, 1954.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 306 N. Y. 228.]


text:
    Frank Buro, Appellant, v. State of New York, Respondent.
    (Claim No. 28954.)
    (And Fourteen Other Appeals, Claims Nos. 28955-28962; 28988-28993.)
    Submitted February 23, 1954;
    decided March 11, 1954.
   Motion to amend remittitur denied. [See 306 N. Y. 730.]


text:
    Cadman Memorial Congregational Society of Brooklyn et al., Suing on Behalf of Themselves and Other Congregational Christian Churches Similarly Situated, Appellants, v. Helen Kenyon, as Moderator of The General Council of the Congregational Churches of the United States, Respondent.
    Submitted March 8, 1954;
    decided March 11, 1954.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 306 N. Y. 151.]


text:
    Great American Indemnity Company, Respondent, v. Lapp Insulator Company, Inc., Appellant and Third-Party Plaintiff-Respondent. Seyler Manufacturing Company, Third-Party Defendant-Appellant. Utah Home Fire Insurance Company, Respondent, v. Lapp Insulator Company, Inc., Appellant and Third-Party Plaintiff-Respondent. Seyler Manufacturing Company, ThirdParty Defendant-Appellant.
    Submitted February 23, 1954;
    decided March 11, 1954.

      William H. Morris and Stephen V. Lines for motions.

      Charles J. O'Brien opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the judgment does not finally determine the action within the meaning of the Constitution.


text:
    Hubbs Corporation, Respondent, v. Morris Waxman et al., Individually and as Copartners Doing Business under the Name of Waxman Paper Co., et al., Appellants.
    Submitted. March 1, 1954;
    decided March 11, 1954.

      William B. Aronstein and Robert Aronstein for motion.

      Samuel Cottesman opposed.
   Motion dismissed, with $10 costs upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Clayton M. Jones, Appellant, v. National Chautauqua County Bank of Jamestown, Respondent.
    Submitted February 23, 1954;
    decided March 11, 1954.
   Motion for reargument of motion for leave to appeal denied, with $10 costs and necessary printing disbursements. [See 306 N. Y. 984.]


text:
    George C. Le Roux, Appellant, v. State of New York, Respondent. R. Bernadine Le Roux, Appellant, v. State of New York, Respondent.
    (Claim No. 31007.)
    (Claim No. 31008.)
    Submitted March 8, 1954;
    decided March 11, 1954.

      John J. Young for motions to amend notice of appeal and in opposition to motions to dismiss appeal.

      Nathaniel L. Goldstein, Attorney-General (Henry S. Manley of counsel), in opposition to motions to amend notice of appeal and for motions to dismiss appeal.
   Motions to amend notices of appeal granted. Cross motions to dismiss appeals granted and appeals dismissed, with costs and $10 costs of motion, unless within twenty days appellants serve and file all required papers and pay $10 costs, in which events cross motions denied and cases set down for argument during the April, 1954, session of the Court of Appeals.


text:
    In the Matter of Joseph L. Auer, on His Own Behalf and on Behalf of All Holders of Class A Stock of R. Hoe & Co., Inc., et al., Respondents, against Arthur Dressel, Individually and as President of R. Hoe & Co., Inc., et al., Appellants.
    Submitted March 8, 1954;
    decided March 11, 1954.

      Sullivan £ Cromwell for respondents.

      Neil P. Cullom for appellants.
   Motion granted and James D. Mooney, as president of R. Hoe & Co., Inc., substituted as a party respondent in the place and stead of Arthur Dressel, individually and as president of R. Hoe & Co., Inc., on the appeal herein.


text:
    In the Matter of Albert Di Landri, Respondent, against James R. Macduff, as Commissioner of Motor Vehicles, Appellant.
    Submitted March 8, 1954;
    decided March 11, 1954.

      Nathaniel L. Goldstein, Attorney-General (Ruth K. Toch of counsel), for motion.
    No one opposed.
   Motion to dismiss appeal granted and appeal dismissed, without costs.


text:
    Multiple Trading Corporation et al., Appellants, v. Ernest M. Garbe, Respondent.
    Submitted February 23, 1954;
    decided March 11, 1954.

      Matthew Lilling for motion.

      Benjamin Levitas opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days appellants serve and file an undertaking on appeal and pay $10 costs in which events motion denied.


text:
    Samuel L. Norman et al., Doing Business under the Name of Norman-Hegarty Co., Plaintiffs-Respondents, v. Oakland Golf Club, Defendant-Appellant. Laurence B. Halleran, Doing Business as Halleran Agency, et al., Respondents.
    Submitted February 23, 1954;
    decided March 11, 1954.

      Charles P. Kramer for motion.

      Leo P. Dorsey, Peter Keber and Harry A. Le Bien opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Eben Mason, Appellant.
    Submitted March 1, 1953;
    decided March 11, 1953.

      Domenick L. Gabrielli, District Attorney, for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    The People of the State of New York, Respondent, v. James J. Moran, Appellant.
    Submitted March 1, 1954;
    decided March 11, 1954.
   Motion for reargument denied. [See 306 N. Y. 662.]


text:
    United Security Corporation, Respondent, v. Isadore Suchman, Appellant.
    Argued February 23, 1954;
    decided March 11, 1954.

      Boy Berlin and Peter G. Demetri for motion.

      Henry G. Friedlander and Paul B. Shaw opposed.
   Motion to dismiss appeal granted and appeal dismissed, without costs, unless within ten days appellant files a stipulation for order absolute. (See Pfister v. Coopersmith, 297 N. Y. 966.)


text:
    Gurn White et al., Respondents, v. Charles S. Hopkins, Appellant.
    Submitted February 23, 1954;
    decided March 11, 1954.

      Shane and McCarthy for motion.
    No one opposed.
   Motion to discontinue appeal granted, with $10 costs to respondents.


text:
    In the Matter of the Claim of Modesta Diaz, Respondent, against Ulster Vegetable Growers Co-operative, Inc., et al., Respondents, and American Employers’ Insurance Company, Appellant. Workmen’s Compensation Board, Respondent.
    Argued January 21, 1954;
    decided March 12, 1954.

      Charles P. Barre for appellant.

      Arthur J. Murphy and Louis L. O’Brien for G. Chandler Young and another, respondents.

      Salvatore M. Lo Monaco for Michael J. Mahoney and another, respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conwat, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Estate of Rose G. Stern, Deceased. Chase National Bank of the City of New York, as Executor of Rose G. Stern, Deceased, Respondent; Oswald A. Schlegel, Appellant.
    Submitted January 20, 1954;
    decided March 12, 1954.

      Borris M. Komar for appellant.

      Arnold T. Koch and Richard G. Hewitt for respondent.
   Order affirmed, with costs. Questions certified answered in the affirmative. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    The People of the State of New York, Respondent, v. Leonardo Salemi, Appellant.
    Argued January 20, 1954;
    decided March 12, 1954.

      Jacob Shientag and Max Fruchtman for appellant.

      Frank S. Hogan, District Attorney (Richard G. Denser, Charles W. Manning, Jack M. Cotton and Leonard E. Reisman of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Conway, Dye, Fuld and Froessel, JJ. Lewis, Ch. J., Desmond and Van Voorhis, JJ., dissent and vote for reversal and a new trial on the ground that the court’s charge did not “ marshal the evidence ” as required by People v. Odell (230 N. Y. 481).


text:
    Elias Simadiris, Suing on Behalf of Himself and All Other Banquet Waiters in the Employ of Hotel Waldorf Astoria Corporation, Similarly Situated, Respondent, v. Hotel Waldorf Astoria Corporation, Appellant.
    Argued January 12, 1954;
    decided March 12, 1954.

      Simon H. Bifkind, and Jay H. Topkis for appellant.

      David M. Freedman, Vito Marcantonio and Abraham Unger for respondent.
   Order affirmed. First and second questions certified answered in the affirmative. Third question certified answered in the negative. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    The People of the State of New York, Respondent, v. Calman Cooper, Nathan Wissner and Harry A. Stein, Appellants.
    Argued January 21, 1954;
    decided March 12, 1954.

      Nathan Kestnbaum for Caiman Cooper and Nathan Wissner, appellants.

      John J. Duff and Nathan Kestnbaum for Harry A. Stein, appellant.

      Samuel Faile, District Attorney (JohnJ. O’Brien of counsel), for respondent.
   Per Curiam.

Upon the papers before us, the County Court should have held a hearing upon defendants’ application for an order in the nature of a writ of error coram nobis to determine whether defendants’ right to counsel and a fair trial was interfered with and impaired. (See, e.g., Matter of Fusco v. Moses, 304 N. Y. 424; Coplon v. United States, 191 F. 2d 749, certiorari denied 342 U. S. 926.) Accordingly, the County Court is directed to hold a hearing with respect to defendants’ specification that they were deprived of their right to counsel. Decision upon reargument of the appeal is withheld pending such hearing. (Cf. People v. Shilitano, 215 N. Y. 715; People v. Arata, 254 N. Y. 565; People v. Durling, 303 N. Y. 382.)

Determination of appeal on reargument withheld and matter of the application for a writ of error coram nobis remitted to the County Court, Westchester County, for proceedings in accordance with tMs opinion.

Appeal taken as of right from the order of the County Court, Westchester County, denying defendants’ motion for a writ of error coram nobis dismissed.

Lewis, Ch. J., Conway, Desmond, Fuld and Froessel, JJ., concur; Dye and Van Voorhis, JJ., dissent and vote to affirm the judgment of conviction upon the ground that the allegations in the petition are insufficient to justify the granting of a writ of error coram nobis.


text:
    James Talcott, Inc., Respondent, v. J. J. Ozdoba, Inc., et al., Appellants.
    Argued January 21, 1954;
    decided March 12, 1954.

      Samuel B. Budey and Herbert N. Bobrow for David L. Shindler, appellant.

      Chester A. Lessler for J. J. Ozdoba, Inc., and another, appellants.

      Melvin Liebowits, Beuben Golin and Arthur A. Litt for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    James Talcott, Inc., Respondent, v. David L. Shindler et al., Appellants.
    Argued January 21, 1954;
    decided March 12, 1954.

      Samuel B. Budey and Herbert N. Bobrow for David L. Shindler, appellant.

      Chester A. Lessler for Jesse J. Ozdoba, appellant.

      Melvin Liebowits, Beuben Golin and Arthur A. Litt for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Oh. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    In the Matter of the Accounting of Joan Price, as Administratrix of the Estate of Howard Price, Deceased, Appellant. Harry Weil, Respondent. In the Matter of the Accounting of Joan Price, as Administratrix of the Estate of Howard Price, Deceased, Appellant. Max Weil, Respondent.
    Submitted March 8, 1954;
    decided March 12, 1954.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 306. N, Y. 686.]


text:
    In the Matter of Inez Yancey, Respondent. New Chapel Baptist Church, Appellant.
    Submitted February 23, 1954;
    decided March 12, 1954.

      Stephen Holden for motions.

      Melvel W. Snitow opposed to motion to dismiss appeal.
   Motion to dismiss appeal denied, with $10 costs. Motion to compel the inclusion in the record on appeal of a complete copy of the “ Report of Title Search ”, denied without prejudice to the right of respondent on the argument to raise the question as to the sufficiency of the material included in the record, of which complaint is made upon this motion (see Cohen and Karger, Powers of the New York Court of Appeals, p. 680).


text:
    The People of the State of New York, Respondent, v. James J. Breslin, Appellant.
    Submitted March 8, 1954;
    decided March 12, 1954.
   Motion, insofar as it seeks reargument, denied, and insofar as it seeks to amend the remittitur, granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Judgment affirmed. Upon this appeal there was presented and necessarily passed upon the following question: whether defendant had been deprived of liberty without due process of law and whether there had been an abridgment of defendant’s privileges and immunities as a citizen of the United States under the Fourteenth Amendment of the Constitution of the United States. The Court of Appeals held that there was no denial of any constitutional right of the defendant. [See 306 N. Y. 294.]


text:
    The People of the State of New York, Respondent, v. Barry Jacobs and John Dale Green, Appellants.
    Submitted March 10, 1954;
    decided March 12, 1954.
   Motion for a further amendment of remittitur denied. [See 306 N. Y. 717, 758.]


text:
    The People of the State of New York, Respondent, v. Michael J. Regan, Appellant.
    Submitted February 23, 1954;
    decided March 12, 1954.
   Motion, insofar as it seeks reargument, denied, and insofar as it seeks to amend the remittitur, granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Judgment affirmed. Upon this appeal there was presented and passed upon the following question: whether defendant had been deprived of liberty without due process of law and whether there had been an abridgment of defendant’s privileges and immunities as a citizen of the United States under the Fourteenth Amendment of the Constitution of the United States. The Court of Appeals held that there was no denial of any constitutional right of the defendant. [See 306 N. Y. 747.]


text:
    In the Matter of John T. McKeever, Respondent, against Henry T. Hornidge et al., Appellants.
    Argued March 13, 1954;
    decided March 13, 1954.

      Henry T. Hornidge, appellant in person, and Roger H. Harper for appellants.

      Morris Golub and Sol Rubin for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Froessel and Van Voorhis, JJ, Taking no part: Fuld, J.


text:
    Frank Serapiglia, Appellant, v. Santini Bros. Inc., Respondent.
    Argued February 23, 1954;
    decided April 8, 1954.

      Benjamin E. 8iff and William Kerwick for appellant.

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

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Estate of Mary G. Mead, Deceased. Louie E. Mead, Respondent; Mary J. Graham, as Administratrix of the Estate of Lawrence W. Graham, Deceased, Appellant.
    Submitted March 4, 1954;
    decided April 8, 1954.

      William jE. Barrett for appellant.

      Harold J. Tillou and Frederick C. Jenson for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Claim of Marcellus Reid, Respondent, against Philip Rose, Appellant. Workmen’s Compensation Board, Respondent.
    Argued March 3, 1954;
    decided April 8, 1954.

      if. D. Margulies and Harold Kreiger for appellant.

      Nathaniel L. Goldstein, Attorney-General (Daniel Polanshy, Wendell P. Brown, Boy Wiedersum and Gilbert M. Landy of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Feoessel and Van Voobhis, JJ.


text:
    In the Matter of the Construction of the Will of Eliza M. Jenkins, Deceased. Katharine K. Jenkins et al., Appellants; Ernest F. Jenkins et al., Respondents.
    Argued February 23, 1954;
    decided April 8, 1954.

      Donald H. Jaffey, special guardian for Frank T. Cox, III, and others, infants, appellants.

      Francis G. Wickes for Katharine K. Jenkins and others, appellants.

      James G. Dale for Ernest F. Jenkins and another, respondents.

      Byron A. Johnson, Jr., for Lincoln Rochester Trust Company, respondent.
   Order affirmed, with costs to respondents Ernest F. Jenkins and Edna Peck Jenkins, payable in equal portions from the principal of both trust funds; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessbl and Van Voorhis, JJ.


text:
    In the Matter of B. Bernard Kaye, Respondent, against Mary Donlon, as Chairman of the Workmen’s Compensation Board of the State of New York, Appellant.
    Argued March 9, 1954;
    decided April 8, 1954.

      Nathaniel L. Goldstein, Attorney-General (Abe Wagman, Wendell P. Brown and Irving L. Rollins of counsel), for appellant.

      Joseph D. Stim and Menahem Stim for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fulb and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    Evelyn Gray-Lewis, Appellant, v. Colin Gray-Lewis, Respondent.
    Argued February 23,1954;
    decided April 8, 1954.

      Irving A. Thau and Jacob D. Fuchsberg for appellant.

      William E. Friedman for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of John O. Young, Appellant, against Farmers and Traders Life Insurance Company, Respondent.
    Argued March 2, 1954;
    decided April 8, 1954.

      Martin F. Kendrick and Harlow B. Ansell for appellant.

      Benjamin E. Shove for respondent.
   Order affirmed, with costs; no opinion.

Concur: Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ. Taking no part: Lewis, Ch. J.


text:
    Frank C. La Bue, Respondent, v. Tilo Roofing Company, Inc., Appellant.
    Argued March 2, 1954;
    decided April 8, 1954.

      Henry Hirschberg and Ernest M. Levinson for appellant.

      William F. Stanton for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voorhis, JJ.


text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Successor Trustee under the Will of Emilio del Pino, Deceased, Respondent. Rosalia del Pino et al., Appellants; City Bank Farmers Trust Company et al., as Executors of Maria del P. Keyes, Deceased, et al., Respondents.
    Argued February 25, 1954;
    decided April 8, 1954.

      Henry J. Bogatko, Harry H. Martin and William M. Keegan for appellants.

      Clarence Fried and E. F. Bateson, Jr., for City Bank Farmers Trust Company and another, as executors of Maria del Pino Keyes, deceased, respondents.

      Francis B. Curry and Paul G. Beilly for City Bank Farmers Trust Company, as administrator with the will annexed of Bose del Pino Hedden, deceased, and others, respondents.

      Emanuel P. Popolizio for Amalia T. Cathell and another, respondents.

      Edward G. Bathon, Charles B. Barrett and Daniel L. Smith, Jr., for Oscar W. Frederick, as executor of Martha W. Hedden, deceased, respondent. .

      Vincent B. FitzPatrick, special guardian for Luis Portillo and another, incompetents, and all unknown persons, respondents.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voobhis, JJ.


text:
    Roman Silversmiths, Inc., Appellant and Respondent, v. Hampshire Silver Co., Inc., et al., Respondents and Appellants, and Irwin Fenton, Intervener, Defendant.
    Argued February 24, 1954;
    decided April 8, 1954.

      Frederick E. Weinberg and Stanley M. Estrow for appellant-respondent.

      Charles Sonnenreich for respondents-appellants.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    In the Matter of the Claim of Peter Ranellucci, Respondent, against New York Central Railroad Company, Appellant. Workmen’s Compensation Board, Respondent.
    Argued March 3, 1954;
    decided April 8, 1954.

      David 8. Williams for appellant.

      Nathaniel L. Goldstein, Attorney-General (Daniel Polanshy, Wendell P. Brown and Boy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    John Kemble, Appellant, v. Roth-Schenker Corp., Respondent.
    Argued February 23, 1954;
    decided April 8, 1954.

      Bernard Meyerson and Paul P. Meltser for appellant.

      John J. Gunneen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froesseií and Van Voorhis, JJ.


text:
    Charlotte Lezynski, Individually and as Administratrix of the Estate of Peter Lezynski, Deceased, Appellant, v. Joseph Kasprzyk et al., Defendants, and Joseph Pantera et al., Respondents.
    Argued February 25, 1954;
    decided April 8, 1954.

      Maurice Abloff for appellant.

      William L. Rieth and Joseph F. Pantera for'respondents.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Yoorhis, JJ.


text:
    Charason Realty Corporation, Respondent, v. Bank of New York, as Trustee under the Will of Florence Fish, Deceased, et al., Appellants.
    Argued March 9, 1954;
    decided April 8, 1954.

      Thomas B. Fenlon for appellants.

      Gerard I. Walters arid Durand M. Van Doren for respondent.
   Judgment aErmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Claim of Paul McCann, Respondent, against Walsh Construction Co. et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen’s Compensation Board, Respondent.
    Argued March 3, 1954;
    decided April 8, 1954.

      Victor Fiddler, Bernard Katsen, William H. Btieglits and George J. Hayes for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum, Wendell P. Brown and Harry Pastor of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Feoessel and Van Voobhis, JJ.


text:
    In the Matter of the Claim of John Dolan, Respondent, against George H. Flinn Corp. et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted March 3,1954;
    decided April 8, 1954.

      Bernard Katsen for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum, Wendell P. Brown and Harry Pastor of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Claim of John Doherty, Respondent, against George H. Flinn Corp. et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted March 3, 1954;
    decided April 8, 1954.

      Bernard Katsen for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum, Wendell P. Brown and Harry Pastor of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Claim of John Gallagher, Respondent, against George H. Flinn Corp. et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted March 3, 1954;
    decided April 8, 1954.

      Bernard Katsen for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum, Wendell P. Brown and Harry Pastor of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Frobssel and Van Voorhis, JJ.


text:
    Albert A. Hall, Respondent, v. Mutual Life Insurance Company of New York, Defendant, and Cebra Q. Graves et al., as Executors of Barbara C. Graves, Deceased, Impleaded Defendants-Appellants.
    Argued February 24, 1954;
    decided April 8, 1954.

      John W. Burke, Jr., and Burton H. Brody for appellants.

      Arthur M. Moritz, Cornelius P. Cotter and Harry Sabbath Bodin for respondent.

      James D. Ewing and Eugene Z. Du Bose for Life Insurance Association of America, amicus curiae, in support of respondent’s position.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    In the Matter of James Farrell, Individually and on Behalf of All Others Similarly Situated, Appellant, against Frank X. Sullivan et al., Constituting the Board of Transportation of the City of New York, Respondents.
    Argued February 23, 1954;
    decided April 8, 1954.

      Edward Kelleher for appellant.

      Samuel N. Caplow and Harold L. Warner for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Oh. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voorhis, JJ.


text:
    Stella F. Bertram, Appellant, v. State of New York, Respondent. John Bertram, Appellant, v. State of New York, Respondent. Gerald Hotaling, as Limited Administrator of the Estate of James Hotaling, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 30232.)
    (Claim No. 30233.)
    (Claim No. 30490.)
    Argued March 1, 1954;
    decided April 8, 1954.

      Richard G. Mitchell for appellants.

      Nathaniel L. Goldstein, Attorney-General (Henry 8. Manley and Wendell P. Brown of counsel), for respondent.
   Judgments affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Peter Schwabe, Respondent, v. Consolidated Edison Company of New York, Inc., Defendant, and Tully & Di Napoli, Inc., Appellant.
    Submitted February 23, 1954;
    decided April 8, 1954.

      George J. Conway and George A. Garvey for appellant.

      Irving A. Thau, Samuel S. Levine and Jacob D. Fuchsberg for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    Sam Sikora, Appellant, v. Apex Beverage Corp. et al., Respondents, et al., Defendants.
    Argued March 1, 1954;
    decided April 8, 1954.

      Ralph Stout and Abraham I. Simon for appellant.

      Patrick E. Gibbons and Ralph H. Terhune for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    Mae Diamond, as a Director and Stockholder of Jarold Shops, Inc., Suing on Behalf of Herself and the Right of Said Corporation, Appellant, v. Evelyn Diamond et al., Respondents.
    Submitted April 5,1954;
    decided April 8, 1954.

      Jacob W. Friedman for motion.

      Jay Leo Rothschild opposed.
   Motion granted, with $10 costs to respondents. Appellant’s brief is to be filed no later than April 14,1954, and the appeal is set down for argument on April 20,1954.


text:
    Irving Gerber, Appellant, v. Jarold Shops, Inc., Respondent.
    Submitted April 5, 1954;
    decided April 8, 1954.

      Jacob W. Friedman for motion.

      Jay Leo Rothschild opposed.
   Motion granted, with $10 costs to respondent. Appellant’s brief is to be filed no later than April 14, 1954, and the appeal is set down for argument on April 20, 1954.


text:
    Dorothy L. Mackinnon, Individually and as Executrix of Bergan A. Mackinnon, Deceased, Respondent, v. Advance Pattern Company, Incorporated, et al., Defendants and Kathleen Pfender et al., Appellants.
    Submitted April 5, 1954;
    decided April 8, 1954.

      Arthur J. Brothers for respondent.

      Thomas A. Sully for appellants.
   Motion to dismiss appeal withdrawn.


text:
    Incorporated Village of Laurel Hollow, Respondent, v. Laverne Originals, Inc., et al., Appellants.
    Submitted April 5, 1954;
    decided April 8, 1954.

      Emanuel Wexler for motion.

      Chester Bordeau opposed.
   Motion granted and appeal set down for argument during the first week of the May, 1954, session.


text:
    John Servino, Respondent, v. Jean Servino, Appellant.
    Submitted April 12, 1953;
    decided April 13, 1954.

      Mark K. Leeds for motion to dismiss appeal.

      John F. Loonam for motion to dispense with filing undertaking.
   Motion, insofar as it seeks an order dismissing the appeal taken from the order granting a new trial as to the first cause of action, granted and appeal dismissed, unless within twenty days appellant stipulates for judgment absolute, in which event motion denied.

Motion, insofar as it seeks to dismiss the entire appeal, granted and appeal dismissed, unless within twenty days appellant serves and files an undertaking on appeal and serves and files her brief, in which events motion denied.

Cross motion to dispense with filing of undertaking and to have appeal heard at the April term of the Court of Appeals, denied.


text:
    In the Matter of Hicks Development Corporation, Appellant, against Incorporated Village of Lawrence et al., Respondents.
    Argued March 11, 1954;
    decided April 15, 1954.

      Jacob K. Kavits, Selig J. Levitan, Harold Held and Robert Zuckerman for appellant.

      Edward 8. Bentley for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of Rose Yasser, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Argued March 10, 1954;
    decided April 15, 1954.

      Michael Wollin and Gerald Seltzer for appellant.

      Emory Gardiner and Robert E. Schaffer for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Yoobhis, JJ.