text:
    Edwin C. Nothiger, Suing as an Owner and Holder of Preferred Stock of Corroon & Reynolds Corporation, on Behalf of All the Owners and Holders of Said Stock, Appellant, v. Corroon & Reynolds Corporation, Respondent.
    Argued May 18, 1944;
    decided June 14, 1944.

      Edward M. Garlock and Edwin M. Slote for appellant.

      Abraham Kaplan and Moses S. Finesilver for respondent.
   Judgment affirmed, with costs, on the ground that matters alleged in the complaint related to internal affairs of a foreign corporation. We do not consider any other ground. No opinion.

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


source: Caselaw Access Project

license: Public Domain

text:
    The People of the State of New York, Respondent, v. William Rosen, Appellant.
    Argued May 23, 1944;
    decided June 14, 1944.

      Saul L. Harris, Raymond Zeit& and William Roth for appellant.

      Thomas Gradoch Hughes, District Attorney (William I. Siegel of counsel), for respondent.
   Judgments reversed and information dismissed on the ground that the evidence is not sufficient to sustain the finding of guilt beyond a reasonable doubt. No opinion.

Concur: Lehman, Ch. J., Rippey, Lewis and Thacher, JJ. Dissenting: Lottghran, Conway and Desmond, JJ.


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Whitestone Bridge Approach in the Borough of Queens. Hy-Dor Realty Associates, Inc., et al., Appellants.
    Argued May 18, 1944;
    decided June 14, 1944.

      Henry Hers, Clinton T. Roe and Charles P. Kramer for appellants.

      Ignatius M. Wilkinson, Corporation Counsel (Reuben Levy, Julius Isaacs and Isidor Bleich of counsel), for respondent.
   On appeal by claimant New York & Queens Protective Committee Realty Corp., involving the award for damage parcel No. 9: Order affirmed, with costs.

Appeals by the claimants Hy-Dor Realty Associates, Inc., and Millwork Holding Corp., involving the awards for damage parcels Nos. 4 and 7, dismissed without costs on the ground that the affirmance by the Appellate Division as to those parcels was unanimous, and no leave to appeal to this Court has been granted.

A condemnation proceeding, involving more than one parcel and more than one claimant, is, in the absence of special circumstances, considered to be, for purposes of appeal to this court, a separate proceeding as to each parcel, or each group of contiguous parcels, in the same ownership. A reversal, modification or dissent in the Appellate Division as to one parcel does not permit an appeal to this court as of right by the owner of another parcel as to which there has been a unanimous affirmance.

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


text:
    Sigmund Wyler, as Trustee under the Will of Martin Simons, Deceased, Appellant, v. Elizabeth Schindler, Defendant, and Frank J. Sinnott et al., Defendants-Respondents.
    Argued May 25, 1944;
    decided June 14, 1944.

      Lloyd B. Ranter for appellant.

      Stephen S. Bernstein for respondents.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Lehman, Oh. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    In the Matter of the Application of Frank E. Crawford et al., Respondents, for an Order Directing an Arbitration between Crawford Keen & Cia Soc. de Resp. Ltda., and Great Western Distributors, Inc., Appellant.
    Argued May 24, 1944;
    decided June 14, 1944.

      Bernard Tomson, Herbert Goldmark, Aaron Shapiro and-Ralph L. Bernstein for appellant.

      Edward C. McLean and Daniel F. McGlinchey for respondents.
   Orders reversed and proceeding dismissed, with costs in all courts, upon the ground that there is no evidence to support the finding of a contract in writing between the parties to arbitrate the controversy between them. No opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    Intercounty Operating Corporation et al., Appellants, v. County of Nassau, Respondent, et al., Defendants.
    Argued May 25, 1944;
    decided June 14, 1944.

      Morris Rochman and Charles H. Stoll for appellants. •

      Eugene R. Hurley for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York ex rel. Louis Bergman, Appellant, against Vernon A. Morhous, as Warden of Great Meadow Prison, Respondent.
    Submitted May 15, 1944;
    decided June 14, 1944.

      Nathaniel L. Goldstein, Attorney-General (John W. Barnell, Orrin G. Judd and Patrick PL. Clune of counsel), for motion.
    No one opposed.
   Motion denied.


text:
    James Rienzo, Sr., et al., Respondents, v. City Bank Farmers Trust Company et al., as Trustees under the Will of Mathew Rock, et al., Appellants.
    Submitted June 5, 1944;
    decided June 14, 1944.

      Stanley Gray Horan for motion.

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


text:
    The People of the State of New York, Respondent, v. John O’Neil, Appellant.
    Submitted June 5, 1944;
    decided June 14, 1944.
   Motion by appellant for reargument denied. (See 290 N. Y. 881.)


text:
    Cornelius J. Kelly, Plaintiff, v. Lewis Luckenbach, Appellant and Respondent. Robert T. Crane, Jr., as Assignee, et al., Respondents and Appellants.
    Submitted June 5, 1944;
    decided June 14, 1944.

      John N. Began, Charles R. Barrett and Peter J. Baxter for motion.

      Robert T. Crane, Jr., opposed.
   Motion dismissed,with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the action or special proceeding within the meaning of the Constitution.


text:
    In the Matter of Harold L. Kunstler, an Attorney.
    Submitted June 5, 1944;
    decided June 14, 1944.

      Nathaniel Cohen for motion.

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


text:
    In the Matter of Irving B. Weinstein, Respondent, against Board of Regents of the University of the State of New York, Appellant.
    Submitted June 5, 1944;
    decided June 14, 1944.
   Motion by respondent for reargument or to amend the remit- ' titur denied, with ten dollars costs and necessary printing disbursements. (See 292 N. Y. 682.)


text:
    The People of the State of New York ex rel. Howard Van Orden, Relator, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted June 5, 1944;
    decided June 14, 1944.

      Howard, Van Orden, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Patrick H. Glune of counsel), opposed.
   Motion dismissed on the ground that no appeal lies to the Court of Appeals from the order of the Appellate Division.


text:
    Multiple Trading Corporation, Appellant, v. Demola Realty Corporation et al., Respondents, Impleaded with Others.
    Submitted June 5, 1944;
    decided June 14, 1944.
   Motion to amend the remittitur, to vacate the order of affirmance of the Court of Appeals, dated July 29, 1942, to relieve appellant of certain stipulations, for leave to appellant to apply to the courts below for any relief to which appellant deems itself entitled and for leave to renew a prior motion to the Court of Appeals brought on by notice of motion dated December 23,1943, denied with ten dollars costs .and necessary printing disbursements. (See 289 N. Y. 559, 291 N. Y. 823.)


text:
    The People of the State of New York, Respondent, v. Alex Bellomo, Appellant.
    Submitted June 5, 1944;
    decided June 14, 1944.
   Motion by appellant for reargument denied. (See 292 N. Y. 683.)


text:
    In the Matter of William Monroe, Appellant, against State Board of Parole, Respondent.
    Submitted June 5, 1944;
    decided June 14, 1944.

      William, Monroe, in person, for motion.
    No one opposed.
   Motion for leave to appeal denied on the ground that no appeal lies to this court from the order.

Motion for leave to prosecute appeal as a poor person dismissed.'


text:
    Lee Adelson et al., Respondents, v. George Dreyman et al., Appellants. Lewis Ginsburg, Appellant.
    Submitted June 12, 1944;
    decided June 14, 1944.

      Moses H. BotJimcm for motion.

      Lewis Ginsburg opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    The People of the State of New York, Respondent, v. Morris Malinski and Sidney Rudish, Appellants.
    Submitted June 12, 1944;
    decided June 14, 1944.
   Motion by appellants for reargument denied. (See 292 N. Y. 360.)


text:
    The People of the State of New York ex rel. James Marino, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted June 12, 1944;
    decided June 14, 1944.

      James Marino, in person, for motion.
    No one opposed.
   Motion for leave to appeal denied on the ground that no appeal lies to this court from the order.

Motion to prosecute appeal as a poor person dismissed.


text:
    The People of the State of New York, Respondent, v. Stephen Catlan, Appellant.
    Submitted June 12, 1944;
    decided June 14, 1944.

      Stephen Catlan, in person, for motion.

      Frank S. Hogan, District Attorney, opposed.
   Motion dismissed. Appeal dismissed on the ground that no appeal lies to this court from the order.


text:
    Frank E. Cooper, as Trustee in Bankruptcy of John L. Miller, Respondent, v. John L. Miller et al., Appellants.
    Submitted June 12, 1944;
    decided June 14, 1944.

      Morris L. Wolf for motion.

      Kenneth W. Greenwalt for appellants.
   Motion granted and appeal dismissed,without costs.


text:
    The People of the State of New York, Respondent, v. Joel Rosenberg, Appellant.
    Submitted June 12, 1944;
    decided June 14, 1944.
   Motion by respondent for reargument denied. Nothing in our per curiam opinion was intended to mean that a finding of innocence by the jury, at the new trial, as to one or more of the acts charged in the 5th and 8th counts of the indictment, will necessarily result in a similar finding of innocence as to other allegedly criminal acts charged in those counts. All we inténded to say was that, on the prosecution’s theory and on the testimony of the prosecutrix, one person only dealt with the prosecutrix in those transactions. (See 293 N. Y. 16.)


text:
    Newberry & Company, Inc., Appellant, v. George W. Warnecke & Co., Inc., et al., Respondents.
    Argued June 5, 1944;
    decided July 19, 1944.

      Gustave B. Garfield for appellant.

      Edward H. Spencer and Melber Chambers for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Lotjghran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    In the Matter of the Will of H. Kenneth Filor, Deceased. Ralph F. Allison et al., as Executors of H. Kenneth Filor, Deceased, Appellants; Esther Filor, Respondent.
    Argued June 7, 1944;
    decided July 19, 1944.

      jHerbert C. Smyth, Jr., for appellants.

      John E. Mach for respondent.
   Order affirmed, with costs to the respondent payable out of the estate; no opinion.

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


text:
    In the Matter of the Claim of Jacob Molnia, Respondent, against B. D. Kaplan & Co., Inc., Appellant, and Aetna Insurance Company, Respondent. State Industrial Board, Respondent.
    Argued June 8, 1944;
    decided July 19, 1944.

      Louis Jacobus and Charles Landesman for appellant.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Orrin G. Judd of counsel), for State Industrial Board, respondent.
    • Robert I. Lennox for claimant-respondent.
   Order affirmed, with costs; no opinion. (See 293 N. Y. 764.)

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


text:
    In the Matter of Walter R. Sturr et al., Appellants, against Water Power and Control Commission of the Conservation Department of the State of New York et al., Respondents.
    Argued May 15, 1944;
    decided July 19, 1944.

      Henry G. Arfmann for appellants.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Wendell P. Brown and Eckvard L. Ryan of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Estate of Ambrose S. Murray, Respondent, v. Karl Peters et al., Defendants, and Eyvind Heiass et al., Defendants-Appellants.
    Argued May 19, 1944;
    decided July 19, 1944.

      Boland Ford for appellants.

      Murray Taylor and William L. Seibert'for respondent.
   Judgment affirmed, with, costs; no opinion.

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


text:
    Mario Nicholas et al., Copartners Doing Business as Nicholas Bros., Appellants, v. City of New York, Respondent.
    Argued May 26, 1944;
    decided July 19, 1944.

      Herman Mendes for appellants.

      Ignatius M. Wilkinson, Corporation Counsel (Nathan J. Paul-son and John G. Clancy of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Sterling S. Beardsley et al., Respondents, against Benjamin H. Barber et al., as Assessors of the Town of Bolton, Warren County, Appellants. (Proceedings for 1934 and 1935.) The People of the State of New York ex rel. Sterling S. Beardsley et al., Respondents, against Benjamin H. Barber et al., as Assessors of the Town of Bolton, Warren County, Appellants. (Proceedings for 1937, 1938, 1939, 1940 and 1941.)

      Walter A. Chambers for appellants.

      John H. Barker, Alfred D. Clark and George B. Coughlan, Jr., for respondents.
   Orders affirmed, with costs; no opinion.

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


text:
    In the Matter of the Will of George Blumenthal, Deceased. Mary A. B. Robertson et al., Appellants; Mount Sinai Hospital of the City of New York et al., Respondents.
    Argued June 7, 1944;
    decided July 19, 1944.

      Henry Epstein, Wolfgang S. Schwabacher and Jack Perlman for H. Walter Blumenthal and others, appellants.

      Frederick Sheffield and Henry C. Smith for Mary A. B. Robertson, appellant.

      Paul O’Dwyer for Mary Gregory, appellant.

      Jacob Florea, special guardian for Ann Gilbert, an infant, appellant.

      Charles E. Hughes, Jr., and Cornelius C. Webster for Mount Sinai Hospital of the City of New York and others, respondents.

      Edward B. Finch, Leon Schaefier and Edward Kurland for Fifth Avenue Bank of New York, as trustee, respondent.

      Thomas W. Kelly for Henry Blumenthal and another, respondents.

      Laurence D. Kieran, special guardian for Hans Lowenthal, an infant, respondent.
   Order affirmed, with costs to all parties appearing separately, payable out of the estate. No opinion.

Concur: Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ. Lehman, Ch. J., dissents only in respect to that part of the decree which provides that tax credits- should not be apportioned solely to the donees, but should be deducted from the total amount of the Federal estate tax and apportioned to all of the persons sharing by any form of the transfer.


text:
    Alice Morris, Respondent, v. Lawrence L. Morris, Appellant.
    Argued June 8, 1944;
    decided July 19, 1944.

      Sol Tekulsky and Joseph H. Muller for appellant.

      Adolph S. Ziegler and Harry H. Lipsig for respondent.
   Judgment of Appellate Division reversed and that of Special Term affirmed, without costs, on the ground that the findings of the Special Term are in accord with the weight of the evidence. No opinion.

Concur: Lehman, Ch. J., Lotjghran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Clarence Fillis, Appellant, v. George W. Wahlig et al., Individually and as Copartners Under the Name of Park Service Station, Respondents.
    Submitted May 22, 1944;
    decided July 19, 1944.

      William A. Hyman and Harold W. Hayman for appellant.

      John G. Reilly and Thomas A. Clarice for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Cunie Lefkowitz, Appellant, v. Greenwich Savings Bank, Respondent.
    Submitted June 5, 1944;
    decided July 19, 1944.

      Jacob S. Schneider for appellant.

      Herbert F. Hastings, Jr., and F. G. Mann for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of Ladycliff College, Respondent. Arthur Elsen et al., as Assessors of the Town of Highlands, Appellants.
    Argued June 6, 1944;
    decided July 19, 1944.

      Ivan E. Maginn for appellants.

      Edward S. Finegan for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Oh. J., Lotjghkan, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    In the Matter of the Claim of Mary Walsh, as Administratrix of the Estate of Mildred D. Graves, Deceased, and as Guardian of Joan Graves, an Infant, Respondent, against Tidewatner Oil Sales Company et al., Appellants. State Industrial Board, Respondent.
    Argued June 8, 1944;
    decided July 19, 1944.

      John J. Conners, Jr., for appellants.

      J oseph Saidel for claimant, respondent.

      Nathaniel L. Goldstein, Attorney-General {Boy Wiedersum and Orrin G. Judd of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Lougrhan, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    The People of the State of New York, Appellant, v. Joseph Geltman, Respondent.
    Argued June 12, 1944;
    decided July 19, 1944.

      Ignatius M. Wilkinson, Corporation Counsel (Charles C. Weinstein and Bernard Friedlander of counsel), for appellant.

      Karl Propper. for respondent.
   Order affirmed; no opinion.

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


text:
    Yonkers Lodge No. 707 Benevolent and Protective Order of Elks of the United States of America et al., Respondents, v. Board of Education of the City of Yonkers et al., Appellants.
    Argued May 26, 1944;
    decided July 19, 1944.

      John J. Broderick, Corporation Counsel (J. Raymond Han-non of counsel), for appellants.

      Irving J. Bland and Sydney A. Syme for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Ripfey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    57th Street Luce Corporation, Appellant, v. General Motors Corporation, Respondent.
    Submitted June 5, 1944;
    decided July 19, 1944.

      Herbert G. McLectr for appellant.

      Anthony J. Russo and John T. Smith for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Kate Oglesby, Appellant, v. Satan’s Toe, Inc., et al., Respondents. (Two Actions.) Woodson R. Oglesby, Jr., Appellant, v. Neal R. Andrews, Respondent. Kate Oglesby, Sr., Appellant, v. Satan’s Toe, Inc., et al., Respondents. Neal R. Andrews, Respondent, v. Woodson R. Oglesby et al., Appellants; Satan’s Toe, Inc., Respondent, et al., Defendants. (Actions Nos. 1 and 2.) Tri National Trading Corp., Respondent, v. Woodson R. Oglesby et al., Appellants; Satan’s Toe, Inc., et al., Respondents, et al., Defendants.
    Argued June 6, 1944;
    decided July 19, 1944.

      Orvile 0. Sanborn for

      George F. Reid for Satan’s Toe, Inc., and another, respondents.

      Sidney E. Reich and Abraham 0. Chasser for Tri National Trading Corporation, respondent.
   Judgment affirmed, with costs; no opinion. (See 293 N. Y. 773.)

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


text:
    In the Matter of the Claim of Augusta Friedman against Aaron J. Simon et al., as Executors of Samuel Klein, Deceased, et al., Appellants. State Industrial Board, Respondent.
    Argued June 8, 1944;
    decided July 19, 1944.

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

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Orrin G. Judd of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Helen Fowler and George F. Knight, Appellants.
    Argued June 12, 1944;
    decided July 19, 1944.

      Earl W. Brydges and Louis E. B,otella for Helen Fowler, appellant.
    J. William O’Brien and Charles M. Hustleby for George F Knight, appellant.

      John 8. Marsh, District Attorney, for respondent.
   Judgments of conviction affirmed; no opinion. (See 293 N. Y. 773.)

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


text:
    Guy T. Battle, Appellant, v. Niagara Frontier Food Terminal, Inc., et al., Respondents.
    Argued June IS, 1944;
    decided July 19, 1944.

      Edward B. Horning and William J. Brock for appellant.

      Ralph W. Dox and Ulysses S. Thomas for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughean, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Gilbert Haas, Appellant, v. Maurice Wertheim et al., Copartners under the Name of Wertheim & Co., Respondents.
    Argued May 22, 1944;
    decided July 19, 1944.

      Frederick E. Grane, Alvin G. Gass and Jacques W. Bacal for appellant.

      Raphael H. Weissman for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Henry Shapiro et al., Copartners under the Name of Henry Shapiro & Co., et al., Respondents, v. Greenwich Savings Bank, Appellant, et al., Defendants.
    Argued June 6, 1944;
    decided July 19, 1944.

      Alfred W. Bergren for appellant.

      Harry M. Marks for respondents.
   Order affirmed and judgment absolute ordered against the appellant upon the stipulation,' with costs in all courts. No opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of the City of Saratoga Springs, Appellant, against Board of Supervisors of the County of Saratoga, Respondent.
    Submitted June 12, 1944;
    decided July 19, 1944.

      Sheridan P. Wait, appellant in person.

      John W. Nichols, County Attorney, for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippby, Lewis, Conway, Desmond and Thacheb, JJ.


author: Conway, J.

text:
    Henry M. Steeves, Jr., an Infant, by Henry M. Steeves, Sr., His Guardian ad Litem, Appellant, v. City of Rochester, Respondent. Henry M. Steeves, Sr., Appellant, v. City of Rochester, Respondent.
    Argued May 26, 1944;
    decided July 19, 1944.

      John J. Scully for appellants.

      Charles B. Forsyth, Corporation Counsel (Sam Di Pasquale of counsel), for respondent.
   Judgments affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Lotjghban, Lewis, Desmond and Thacheb, JJ. Conway, J., dissents in opinion in which Rippey, J., concurs.

Conway, J.

(dissenting). These are appeals from nonunani.mous judgments of affirmance by the Appellate Division, Fourth Department, of judgments of the Supreme Court, Monroe County, dismissing the complaints at the close of the plaintiffs’ case on the grounds that plaintiffs had failed to prove defendant’s negligence and plaintiffs’ freedom from contributory negligence.

The infant plaintiff (hereinafter called plaintiff), was injured when a pot torch (also called a flare or a bomb) exploded. He was then eleven years and four months old. He and another boy observed the pot torch at the corner of two streets in the City of Rochester, between the main curb and the sidewalk near a WPA sign. His companion kicked it. Plaintiff kicked it twice to set it upright again. The boys left it for a few .minutes and then returned. They noticed that the pot torch had been tipped over, that oil was coming from it and that the sign and the fence near the sign were on fire. The boys became frightened and tried to extinguish the flame from the oil. The plaintiff kicked the torch to get it in an upright position. It “ exploded or something like that.” Plaintiff testified: There was a flash of all different colors.” The plaintiff was set on fire and so badly burned that he was in a hospital for nearly a year.

There are two types of pot torches. The old type has a square bottom and rounded off like a little ball, and you can slide it along the ground. It will hold about a quart of kerosene oil and a big heavy wick. And the new type are like one of these ball affairs that tips over and tips back itself. You can’t tip them over hardly, because it tips back.” The torch here was not a flat bottomed one.

There- was testimony from various city employees from the city police and fire departments that complaints were received about children playing with pot torches about four or five times a week. Those children used the torches to light papers and piled leaves about them to start bonfires. When the city officials received notice of fires caused by children in this manner, they summoned the police car and, if the fire were serious, summoned the fire department apparatus also.

The trial court dismissed the complaint on the ground that plaintiff had failed to prove defendant’s negligence and plaintiff’s freedom from contributory negligence. The Appellate Division affirmed by a closely divided court.

It is well settled that a city is liable for failure to keep and maintain its streets and sidewalks in a reasonably safe condition for the use of the public and that it is liable for permitting dangerous obstructions or nuisances thereon. (Koehler v. City of New York, 262 N. Y. 74, 77; Stern v. International Ry. Co., 220 N. Y. 284, 294; Kamnitzer v. City of New York, 265 App. Div. 636, 638.)

We have also said that: A dangerous attraction in a public highway may impose liability to a child on the part of the one responsible therefor, because of failure to exercise due care although there would be no liability if the attraction were upon private premises where the child had no right to go.” (Tierney v. New York Dugan Bros., Inc., 288 N. Y. 16, 19.)

While the highway here was in a safe condition for an adult, since the excavation work and the sign were illuminated by the pot torch, it may not have been safe for a child because the pot torch was “ a dangerous attraction ” to a child. There is ample evidence in the case that children played with the pot torches; that fires were caused in that manner; that the city had knowledge of it. The defendant could reasonably anticipate that some one would be hurt as a result.

In Tierney v. New York Dugan Bros., Inc. (supra), defendant’s servant left an electric truck unattended and unlocked while he made deliveries, while he knew there were children about. Plaintiff and two other children set it in motion and plaintiff was injured when he jumped from the moving vehicle. It was held that the danger of interference by little children indulging their instincts of play was apparent and that the driver should have left the vehicle in such condition that it could not be put in motion.

In Long v. City of Dunkirk (260 N. Y. 599) a kettle of tar was placed on a .truck parked on the street. Boys climbed onto the truck and took tar from the kettle. Plaintiff put his hand down deep in the kettle and his hand was burned by hot tar. We held that to leave the kettle unguarded and uncovered was a negligent act.

In Parnell v. Holland Furnace Co. (260 N. Y. 604), a damaged car was left in a.space between defendant’s property and a building where people dwelt. The space ivas used in common by tenants of both buildings. A child removed the cap from the fuel tank. Subsequently plaintiff stood on the running board of the car, striking stones together, as a result of which there was an explosion and plaintiff was injured. We held that defendant had a duty not to leave such a dangerous instrumentality in the alley when it knew that children were playing there.

The difficulty with the instant case is that defendant had a right and duty to place a light of some kind in front of the sign. The only question is whether defendant should have used some other type of light than a pot torch, because of the likelihood that children would play with pot torches and be burned.

Section 80-10 of the Building Code of the City of Rochester provides: “ Wabuiug Lights. All pits, excavations, fences, barriers, builder’s equipment, building materials or rubbish in or upon a street * * * shall have placed upon or by them, after dark, a number of illuminated lamps with red globes. Such lamps shall be so located and maintained as to afford proper warning of danger to pedestrians and vehicles. ’ ’

Section 62-27 provides: “ Streets to be guarded when being improved. 1. Whenever a pavement or sewer is being constructed or repaired in a street, or whenever pipes, mains or conduits are being laid or repaired in a street, or whenever any other work is being done in a street, it is the duty of the person performing the work to place and maintain sufficient guards about the place where the work is being done, so as to secure public safety, until said street is ready for use and such person must at all times during the night keep lighted lamps not more than twenty-five feet apart upon said guards so as to give warning to all persons of such work.” (Emphasis supplied.)

Certainly pot torches are not illuminated lamps with red globes ” and we doubt that they are included in the term “ lighted lamps ” as used in ordinary language. While a violation of those ordinances may not be a basis of a cause of action here since they were “ intended for the protection of persons .travelling on the highway in the usual manner ” (Swift v. City of New York, 270 N. Y. 162, 165), we think they are some evidence that lamps rather than pot torches were considered the proper method of illumination in city streets.

In this connection it may be noted that subdivision 17 of section 15 of the Vehicle and Traffic Law provides that omnibuses, trucks and tractors shall carry emergency lighting equipment; that the equipment may consist of flares of the type used by railroads, flaring candles, torches or lanterns ”; that when any such vehicle or combination of vehicles, * * * is parked or stopped on a public highway except within a city or incorporated village, * * * the operator of such vehicle or combination of vehicles shall cause at least one light or lighted flare to be placed on the highway in front of such vehicle or combination of vehicles, and at least one light or lighted flare on the highway in the rear of such vehicle or combination of vehicles * * * .” That would seem to indicate that flares or torches may properly be used upon public highways outside cities or incorporated villages.

While the violation of the ordinances and the use of pot . torches within a city do not constitute negligence per se, we think there is clearly ¿ question of fact whether the use of pot torches within a residential neighborhood as here with knowledge that children have been attracted by and have played with such torches constitutes negligence. •

Plaintiff testified that the torch was not of the flat bottom type. It must have been one that tipped easily, since plaintiff and his companion were able to tip it with a few kicks. It may also have been defective, since it apparently exploded when plaintiff kicked it the last time.

There was evidence from which the jury could have found that defendant was negligent in using that type of light in a residential neighborhood and that a lamp would have been less attractive to children and consequently less dangerous.

The court below also held that plaintiff was guilty of contributory negligence as a matter of law. That, too, is a difficult question. The plaintiff was then eleven years of age, knew something about fire and had been told by his mother not to go near the torches. The general rule is that a child is not guilty of contributory negligence if it has exercised the care which may reasonably be expected of a child of similar age and capacity.” (Camardo v. New York State Railways, 247 N. Y. 111, 115.) In that case it was said (p. 117): “ The only rule that can safely be drawn from the decisions of this State is that a recovery may be had for injuries inflicted upon a child hy the negligence of another only where an inference may be drawn from the evidence presented in the particular case that no failure on the part of the child to exercise the care which might reasonably be expected of a child of equal age and capacity contributed to the injury. * * * Only where the circumstances admit of only one inference may the court decide as a matter of la.w what inference shall be draivn.” (Emphasis supplied.)

We do not think the circumstances here admit of only one inference. The injury occurred while plaintiff was trying to put out the fire he had caused or thought he had caused. He admitted that he was frightened. He probably thought that he would be punished if it were discovered that he had anything to do with causing the fire. What a child of eleven years could reasonably be expected to do under those circumstances is a question of fact for a jury. The plaintiff here was on a public street and was not in a place where he had no right to be as in many of the cases cited by respondent (McAlpin v. Powell, 70 N. Y. 126; Strobel v. Liebmann, 197 N. Y. 348; Albert v. City of New York, 75 App. Div. 553; Basmajian v. Board of Education, 211 App. Div. 347), nor was the danger that the torch would explode open and apparent. (Albert v. City of New York, supra.)

Respondent urges that plaintiff was a volunteer and therefore cannot recover. It cites a Federal case (Pike v. Grand Trunk Ry. Co. of Canada, 39 F. 255) and a New York Superior Court casé of 1883 (Hinchy v. Manhattan Railway Co., 17 Jones & Sp. [49 Super. Ct.] 406) for that proposition. However, later New York cases have held that a person has a right to take prudent measures to protect his own property from further damage provided he exercises reasonable care for his own safety in so doing. (Rague v. Staten Island Coach Co., 288 N. Y. 206, 210; Wardrop v. Santi Moving & Express Co., 233 N. Y. 227, 229.) Although plaintiff was not protecting his own property in trying to put out the fire, he was trying to put out a fire which he thought he might have started. Plaintiff was not a volunteer in the same sense as.was the plaintiff in the Pike case, who tried to put out a fire she had nothing to do with starting and which did not' threaten her property. Although there is testimony that plaintiff left the torch upright when he went down the street and that it was on its side when he returned, the torch may have fallen over again because not properly set up, in which case there would be nothing to break the chain of causation.

• A jury could find that the chain of causation was not broken by any intervening agency. The fire may have been, and probably was, caused by the acts of the two boys in kicking over the torch. The probable result was that the boys would try to put it out. In the cases cited by respondent the accident occurred after the dangerous instrumentality had been removed to another location by other children. (Perry v. Rochester Lime Co., 219 N. Y. 60; Hall v. New York Telephone Co., 214 N. Y. 49; Beetz v. City of Brooklyn, 10 App. Div. 382.) Here the only thing that intervened between plaintiff’s original act in playing with the torch and the accident was a period of time during which plaintiff walked down the street. There is no evidence that anyone eláe interferred with the torch. If the jury found that defendant was negligent in maintaining the torch, it could also find that the natural and probable consequences of that act were that a child" such as plaintiff would play with it, might attempt to put out a fire caused by his play and would thus be injured.

The judgments ■ should be reversed and a new trial granted.


text:
    Sydney Cooper, as Trustee in Bankruptcy of Benjamin F. Barnett and Jessie Barnett, Respondent, v. Georgia E. Cantrell, Appellant, et al., Defendants.
    Argued May 24, 1944;
    decided July 19, 1944.

      Warner Pyne, Monroe J. Calm and Francis Preston for appellant.

      Laurence Sovilc for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    Title Guarantee and Trust Company, as Ancillary Executor of Edward T. Bedford, Deceased, Appellant, v. Bush Terminal Company, Respondent.
    Argued June 6, 1944;

    decided July 19, 1944.

      David Paine and William E. Smith for appellant.

      Arthur Garfield Bays, John Schulman and Morris Shilenshy for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thachbb, JJ.


text:
    Frank Bailey et al., Appellants, v. Bush Terminal Company, Respondent.
    Argued June 6, 1944;
    decided July 19, 1944.

      Spencer Pinkham and Henry F. Holthusén for appellants.

      Arthur Garfield Hays, John Schulman and Morris Shilensky for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Oh. J., Loughban, Rippey, -Lewis, Conway,Desmond and Thacheb, JJ.


text:
    Emma Krisa, as Administratrix of the Estate of Walter Krisa, Deceased, Appellant, v. John Spragg et al., Defendants, and Socony-Vacuum Oil Company, Inc., Defendant-Respondent.
    Argued June 7, 1944;
    decided July 19, 1944.

      Louis Helfenstein, Isidore Halpern and Abraham M. Lindenbaum for appellant.

      Herbert G. Smyth, Jr., and John J. Manning for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of the Claim of Anna Skorepa, Widow, Respondent, against Jerry Capek et al., Appellants. State Industrial Board, Respondent.
    Argued June 8, 1944;
    decided July 19, 1944.

      Barnett L. Kulak for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum, Isaac Frank and Orrin G. Judd of counsel), for State Industrial Board, respondent.
   Appeal from so much of the order of the Appellate Division as remits to the State Industrial Board the award against Marie Capek, as administratrix, dismissed, without costs; otherwise affirmed, with costs. No opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Maria Dorazio, as Administratrix of the Estate of Francesco Dorazio, Deceased, Respondent, v. New York Telephone Company, Respondent; United Bottle Supply Corporation, Appellant, et al., Defendants.
    Submitted June 9, 1944;
    decided July 19, 1944.

      Fred L. Gross and James H. Brassel for appellant.
    No appearance for plaintiff-respondent.

      Irving W. Young and Ralph W. Brown for New York Telephone Company, defendant-respondent.
   Appeal as against codefendant New York Telephone Company dismissed, with costs; otherwise judgment aErmed, with costs. No opinion.

Concur: Lehman, Ch. J., Lotjghban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of Joseph B. Cavallaro, Respondent, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Respondents, and Sylvester F. Sabbatino, Appellant.
    Argued July 19, 1944;
    decided July 19, 1944.

      Anthony J. Graziano for appellant.

      Abraham J. Mutter, John P. McGrath and Harry Serper for petitioner-respondent.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Yun Tieh Li and Lew York Hing, Appellants.
    Argued May 22, 1944;
    decided July 19, 1944.

      Alexander I. Borke, John Car done, William F. McKenna and Joseph W. O’Donnell for Yun Tieh Li, appellant.

      Abraham J. Gellinoff, Miles M. O’Brien, Henry Gallop and David Sable for Lew York Hing, appellant.
    . Frank S. Hogan, District Attorney (Whitman Knapp, Milton H. Spiero and Harold B. Shapiro of'counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

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


text:
    In the Matter of the Claim of Robert Callan, Respondent, against State Highway Department et al., Appellants. State Industrial Board, Respondent.
    Argued June 8, 1944;
    decided July 19, 1944.

      George J. Hayes and William F. O’Rourke for appellants.

      Nathaniel L. Goldstein, Attorney-General {Roy Wiedersum and Orrin G. Judd of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Mary Mrula, Appellant, v. Prudential Insurance Company of America, Respondent.
    Argued June 12, 1944;
    decided July 19, 1944.

      Joseph 8. Kasmbowshi and Elijah W. Holt for appellant.

      Alger A. Williams for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Agatino Ricciardi, as Administrator of the Estate of John Ricciardi, Deceased, Respondent, v. William A. Pintard et al., Appellants.
    Argued June 13, 1944;
    decided July 19, 1944.

      Arthur B. Ewig for appellants.

      Edward J. Fontana for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of Arthur Kram, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued July 19, 1944;
    decided July 19, 1944.

      David J. Lewis for appellant.

      Alexander Schaffer and A. Edward Markowitz for William B. Barry and another, respondents.
   Order affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    Ralph Garofalo, Respondent, v. Charles Sidote, Defendant, and Roger Marshall, Defendant-Appellant.
    Submitted June 12, 1944;
    decided July 19, 1944.

      Joseph F. Clements for motion.

      Edward A. Shandell and Desmond T. Barry opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Louis G. Pacent, Appellant, v. Warner Bros. Pictures, Inc., et al., Respondents.
    Submitted June 12, 1944;
    decided July 19, 1944.
   Motion by appellant for reargument of motion to dismiss appeal denied, with ten dollars costs and necessary printing disbursements. (See 291 N. Y. 658.)


text:
    Press-On, Inc., Respondent, v. Jacob O. Goodman, Individually and Doing Business as Mendaire Products Manufacturing Co., Appellant.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by respondent to amend remittitur denied, without costs. (See 293 N. Y. 36.)


text:
    First National Bank of New Rochelle, Respondent, v. Fairchester Oil Co., Inc., Appellant. (Actions Nos. 4 and 5.)
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion to amend remittitur (see 292 N. Y. 694) to show “ that this Court determined in the affirmative the question whether paragraph 10 of the contract of lease must be construed as excluding from its scope regulations under the Second War Powers. Act by the War Production Board and the office of Price Administration of .the United States Government.”

Motion denied, with ten dollars costs and necessary printing disbursements on the ground that the proposed question is not one of Federal cognizance.


text:
    In the Matter of Frank C. Uitz, Jr., Appellant, against Frederick Moran et al., as Commissioners of the State Board of Parole, Respondents.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by appellant for reargument of motion denied. (See 292 N. Y. 720.)


text:
    Moscow Fire Insurance Company et al., Respondents, v. Bank of New York and Trust Company, as Agent, et al., Respondents. Samuel E. Morro et al., Respondents, v. Moscow Fire Insurance Company et al., Respondents. United States of America, Appellant.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by appellant for reargument denied, with ten dollars costs and necessary printing disbursements. (See 280 N. Y. 286.)


text:
    Esther Jablowsky, Appellant, v. State of New York, Respondent.
    (Claim No. 25297.)
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by appellant for reargument denied, with ten dollars costs and necessary printing disbursements. (See 292 N. Y. 652.)


text:
    Metropolitan Museum of Art, Appellant, v. Arthur W. Clement, Respondent, et al., Defendants.
    Submitted July 19, 1944;
    decided July 19, 1944.

      Clarence B. Campbell and Arthur W. Clement for motion.

      Joseph V. Lane, Jr., opposed.
   Motion denied, without costs.


text:
    In the Matter of the Assignment for the Benefit of Creditors of Brown Bomber Baking Co., Inc., to Raymond T. Fiske, Jr., Appellant. Modern Industrial Bank, Respondent.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by respondent for reargument denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 141.)


text:
    In the Matter of the Claim of Lewis C. Smith, Respondent: Brooklyn Bar Association, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by claimant-respondent to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 292 N. Y. 593.)


text:
    Florence S. Thomson, as Executrix of Samuel C. Thomson, Deceased, Appellant, v. New York Trust Company, Respondent.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by appellant for reargument denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 58.)


text:
    The People of the State of New York ex rel. Glenford Trumble, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted July 19, 1944;
    decided July 19, 1944.

      Nathaniel L. Goldstein (Emil L. Cohen of counsel), for motion to dismiss appeal.

      Glenford Tntmble, in person, for motion for leave to appeal and to prosecute appeal as a poor person.
   Motion to dismiss appeal granted and appeal dismissed, and motion for leave to appeal and to prosecute appeal as a poor person denied on the ground that no appeal in this case has been heard in the Appellate Division, and the order denying permission to appeal as a poor person is not reviewable here.


text:
    Isaac G. Krumnas, Respondent, v. Peter Raidberg, Appellant.
    Submitted July 19, 1944;
    decided July 19, 1944.

      A. 8. Cutler for motion.

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


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney et al., Respondents.
    Submitted July 19, 1944;
    decided July 19, 1944.

      Lawrence Levine for motion.

      William C. Goodson and John Potts opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion, unless appellant serves and files undertaking on appeal within ten days, in which event motion is denied.


text:
    American Breddo Corporation et al., Respondents, v. Benjamin Geller et al., Appellants.
    Submitted July 19, 1944;
    decided July 19, 1944.

      Henry Epstein, Mack F. Goldman and Samuel Mezansky for motion.

      Jacob Lippman opposed.
   Motion for leave to appeal and for a stay dismissed, with ten dollars costs and necessary .printing disbursements, on the ground that the judgment does not finally determine the action within the meaning of the Constitution.


text:
    Julius Auerbach et al., as Stockholders of Ufland-Liftman, Inc., Suing on Their Own Behalf and on Behalf of All Other Stockholders of Ufland-Liftman, Inc., and of Lacidem Realty Corp., Similarly Situated, Appellants, v. Lacidem Realty Corp., et al., Defendants, and Paul Liftman et al., Defendants-Respondents.
    Submitted July 19, 1944;
    decided July 19, 1944.

      Oliver T. Cowan for motion.

      Charles 8. Rosenschein and Robert Moers opposed.
   Motion denied, with leave to renew upon the argument.


text:
    Henry F. Gearns, Appellant, v. Commercial Cable Company, Respondent.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by appellant for reargument denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 105.)


text:
    Charles C. Reubel et al., Respondents, et al., Plaintiffs, v. Thomas Lewis, Individually and as President of Local No. 32-E of the Building Service Employees International Union, A. F. L., Appellant, et al., Defendants.
    Submitted July 19, 1944;
    decided July 19, 1944.

      Arnold Cohen for motion.

      Stanley Faulkner opposed.
   Motion granted and stay continued until the appeal is determined. The record does not show whether a judgment has been entered on the order of the Appellate Division. The appeal must be taken from such a judgment.


text:
    Lucia Di Bartolo et al., Respondents, v. City of New York, Appellant.
    Submitted July 19, 1944;
    decided July 19, 1944.
   Motion by appellant for a reargument denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 114.)


text:
    Northern New York Power Corporation, Claimant-Respondent, v. State of New York, Defendant-Appellant.
    (Claim No. 726-A.)
    Argued June 7, 1944;
    decided October 5, 1944.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Robert C. Isaacs and Daniel J. Loventhal of counsel), for appellant.

      Adolph J. Rodenbeck for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Lotjghran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Mary N. McKee, Respondent, v. Ralph H. McKee, Appellant.
    Submitted April 3, 1944;
    decided October 5, 1944.

      Julius Rregman for motion.

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


text:
    In the Matter of Irving Lanzer, Petitioner, against Frederick A. Moran et al., Constituting the Board of Parole in the Executive Department of the State of New York, et al., Respondents.
    Submitted July 19, 1944;
    decided October 5, 1944.

      Seymour Georges Mackler for motion.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd and Herman F. Nehlsen of counsel), opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Bank of New York, Appellant, v. David G. Legget, Respondent.
    Submitted July 19, 1944;
    decided October 5, 1944.

      George W. Martin and Thomas B. Fenlon for motion.

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


text:
    Beckwith Havens, Appellant, v. Rochester Ropes, Inc., Respondent.
    Submitted July 19, 1944;
    decided October 5, 1944.
   Motion by appellant for a reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 659.)


text:
    In the Matter of Robert E. Dineen, as Superintendent of Insurance of the State of New York, Respondent. Casino Realty Corp., Appellant.
    Submitted July 19, 1944;
    decided October 5, 1944.

      Leo E. Sherman for motion.

      J. George Longf elder and Julius B. Sucher opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Leon Goodman, Respondent, against J. Roland Sala, a Magistrate of the City of New York, Appellant.
    Submitted October 2, 1944;
    decided October 12, 1944.

      Forrest S. Chilton for motion.

      Francis M. Verrilli opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the orders do not finally determine the proceeding within the meaning of the Constitution.


text:
    Charles C. Reubel et al., Respondents, et al., Plaintiffs, v. Thomas Lewis, Individually and as President of Local No. 32-E of the Building Service Employees International Union, A. F. L., Appellant, et al., Defendants.
    Submitted October 2, 1944;
    decided October 12, 1944.

      Stanley Faulkner for motion.

      Arnold Cohen opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Jacob Blaustein et al., as Executors of Louis Blaustein, Deceased, et al., Suing on Behalf of Themselves and All Stockholders of Pan American Petroleum & Transport Company Similarly Situated, Appellants, and Feed C. Haas et al., Interveners, Plaintiffs, v. Pan American Petroleum & Transport Company et al., Defendants, and Standard Oil Company (Indiana) et al., Defendants-Respondents.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by appellants for reargument denied, with ten dollars cost's and necessary printing disbursements. (See 293 N. Y. 281.)


text:
    Aaron Bogartz, an Infant, by Jacob Bogartz, His Guardian ad Litem, et al., Respondents, v. Vincent Astor et al., Respondents. Arcy Doll & Toy Manufacturing Company, Appellant.
    Submitted October 2, 1944;
    decided October 12, 1944.

      Sidney J. Feltenstein for motion.

      Harry J. Winick opposed.
   Motion denied, with ten dollars costs. (See 293 N. Y. 563, 294 N. Y. 664.)


text:
    In the Matter of the Claim of Jacob Molnia, Respondent, against B. D. Kaplan & Co., Inc., Appellant, and Ætna Insurance Company, Respondent.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by appellant for reargument denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 700.)


text:
    Edward Schroeder, Appellant and Respondent, v. City and County Savings Bank of Albany, Appellant; M. Gerber Construction Company, Inc., et al., Respondents, et al., Defendants.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by appellant City and County Savings Bank of Albany for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 370.)


text:
    Charles H. E. Van Dyke, Appellant, v. Louis Cohen, Respondent, et al., Defendants.
    Submitted October 2, 1944;
    decided October 12, 1944.

      Louis H. 0. Fischman for motion.

      Harry Ohashin opposed.
   Motion denied, with ten dollars costs.


text:
    Gus Angelos et al., Copartners under the Name of The World Cafeteria, Respondents, v. William Mesevich, Individually and as President of the Cafeteria Employees Union, Local 302, et al., Appellants.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by appellants to amend remittitur granted and the remittitur amended by adding thereto after the words “ with costs in this court ”, the following: in addition to the cost of the transcript of the record from this court to the United States Supreme Court and also in addition to costs of $116.54 already awarded to the appellants by the United States Supreme Court.” (See 292 N. Y. 681.)


text:
    Elias Tsakires et al., Copartners under the Name of The Cosmo Cafeteria, Respondents, v. William Mesevich, Individually and as President of Cafeteria Employees Union, Local 302, et al., Appellants.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by appellants to amend remittitur .granted and the remittitur amended by adding thereto after the words “ with costs in this court ”, the following: in addition to the cost of the transcript of the record from this court to the United States Supreme Court and also in addition to costs of $87.49 already awarded to the appellants by the United States Supreme Court. ’ ’ (See 292 N. Y. 681.)


text:
    In the Matter of David E. Berg, Respondent, against Harold W. Marsh et al., as Commissioners of the Municipal Civil Service Commission of the City of New York, Appellants.
    Submitted October 2, 1944;
    decided October 12, 1944.

      Samuel W. Sherman for motion.

      Ignatius M. Wilkinson, Corporation Counsel (Murray Sendler of counsel), opposed.
   Motion denied, with ten dollars costs.


text:
    Fred Langfelder et al., Appellants, v. Universal Laboratories, Inc., Respondent.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by appellants for reargument denied, with ten dollars costs and necessary printing disbursements. (See 293 N. Y. 200.)


text:
    William C. Mason, Respondent, v. Electrol Incorporated, Appellant.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by respondent for reargument denied, with ten dollars costs and necessary printing disbursements. (See 292 N. Y. 482.)


text:
    In the Matter of the Accounting of Cortlandt F. Bishop, as Trustee of Matilda W. White, Deceased. Amy B. Bishop et al., as Executors of Cortlandt F. Bishop, Deceased, Appellants; Beatrice B. Berle et al., Respondents.
    Submitted October 2, 1944;
    decided October 12, 1944.

      John B. Doyle for motion.

      Winthrop E. Kellogg, George L. Allin and William Fits Gibbon opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Charles H. Mullens and William Solomon, Appellants.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by respondent for reargument denied. (See 292 N. Y. 408.)


text:
    Ill the Matter of the United States of Mexico et al., Respondents, against Peter Schmuck, a Justice of the Supreme Court of the State of New York, et al., Appellants.
    Submitted October 2, 1944;
    decided October 12, 1944.
   Motion by United States of Mexico, respondent, appearing specially, for reargument granted. The general rule that reargument will not be granted in order to afford a party opportunity to submit questions of law which he failed to submit upon the original argument should not be strictly applied where a sovereign State challenges the validity of seizure of its property. (See 293 N. Y. 264.)


text:
    In the Matter of Eve Rosenberg, Petitioner-Appellant, against S. Howard Cohen et al., Constituting the Board of Elections in the City of New York, et al., Respondents.
    Argued October 2, 1944;
    decided October 17, 1944.

      Leo J. Linder for appellant.

      Abraham J. Multer and Marry Serper for Leo Rayfiel, respondent appearing specially.

      Matthew M. Levy, Abraham M. Both and Philip Maher for Jack Spitzer, respondent appearing specially.

      Ignatius M. Wilkinson, Corporation Counsel (William J. Fleming of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed on the ground that the proceeding was not brought within the time limited by the statute (Matter of King v. Cohen, 293 N. Y. 435, decided herewith). No opinion.

Concur: Lehman, Ch. J., Lotjghran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    In the Matter of Eve Rosenberg, Petitioner-Appellant, against S. Howard Cohen et al., Constituting the Board of Elections in the City of New York, et al., Respondents.
    Argued October 2, 1944;
    decided October 17, 1944.

      Leo J. Linder for appellant.

      Matthew M. Levy, Abraham M. Roth and Philip Saber for David Schukin, respondent appearing specially.

      Ignatius M. Wilkinson, Corporation Counsel (William J. Fleming of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed on the ground that the proceeding was not brought within the time limited by the statute (Matter of King v. Cohen, 293 N. Y. 435, decided herewith). No opinion.

Concur: Lehman, Ch. J., Loughean, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of Pearl Gaberman, Petitioner-Appellant, against S. Howard Cohen et al., Constituting the Board of Elections in the City of New York, et al., Respondents.
    Argued October 2, 1944;
    decided October 17, 1944.

      Leo J. Linder for appellant.

      Abraham J. Mutter and Harry Serper for J. Sidney Levine, respondent appearing specially.

      Ignatius M. Wilhinson, Corporation Counsel (William J. Fleming of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed on the ground that the proceeding was not brought within the time limited by the statute (Matter of King v. Cohen, 293 N. Y. 435, decided herewith). No opinion.

Concur: Lehman, Ch. J., Loughkan, Ripfey, Lewis, Conway, Desmond and Thaoheb, JJ.


text:
    The People of the State of New York, Respondent, v. Helen Fowler and George F. Knight, Appellants.
    Submitted October 9, 1944;
    decided October 17, 1944.
   Motion by appellant Helen Fowler for reargument denied. (See 293 N. Y. 721.)

Appeal from order denying motion for new trial dismissed.


text:
    Sam Berger, Appellant, v. David D. Levitt, Respondent.
    Submitted July 19, 1944;
    decided October 20, 1944.
   Motion for leave to have appeal heard on eight printed copies of the record below and for a stay. A stipulation was filed on October 20, 1944.

Upon stipulation of the parties the motion is withdrawn and the appeal dismissed,without costs to either party.


text:
    Kate Oglesby, Appellant, v. Satan’s Toe, Inc., et al., Respondents. (Two Actions.) Woodson R. Oglesby, Jr., Appellant, v. Neal R. Andrews, Respondent. Kate Oglesby, Sr., Appellant, v. Satan’s Toe, Inc., et al., Respondents. Neal R. Andrews, Respondent, v. Woodson R. Oglesby et al., Appellants; Satan’s Toe, Inc., Respondent, et al., Defendants. (Actions Nos. 1 and 2.) Tri National Trading Corp., Respondent, v. Woodson R. Oglesby et al., Appellants; Satan’s Toe, Inc., et al., Respondents, et al., Defendants.
    Submitted October 2, 1944;
    decided October 20, 1944.
   Motion by appellants and another for leave to file a bill of review or reargument denied, with ten • dollars costs and necessary printing disbursements. (See 293 N. Y. 719.)


text:
    In the Matter of Walter N. Smith, Appellant, against Joseph F. Maguire, Justice of the Domestic Relations Court of the City of New York, et al., Respondents.
    Submitted October 9, 1944;
    decided October 20, 1944.

      Ignatius M. Wilkinson, Corporation Counsel (Murray Sendler of counsel), for motion.

      Walter N. Smith, in person, opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of the Accounting of Leona Schaefer et al., as Administratrices of the Estate of George Schaefer, Deceased. George Schaefer, Jr., Appellant; Katie S. Hall, as Coadministratrix, et al., Respondents.
    Submitted October 9, 1944;
    decided October 20, 1944.
   Motion for an order substituting Durkes Clark as attorney for the appellant George Schaefer, Jr., in the place of Vahan H. Kalendarian granted.

Motion for order directing the turning over of papers to substituted attorney denied. (See Matter of Lydig, 262 N. Y. 408, 409; People ex rel. Hoffman v. Board of Education, 141 N. Y. 86; Matter of Hollins, 197 N. Y. 361.)


text:
    The People of the State of New York ex rel. Marion F. McCabe, Appellant, v. Desmond S. Shipley, Respondent.
    Submitted November 13, 1944;
    decided November 15, 1944.

      Arthur L. Burchell for motion.

      Edward H. Hart opposed.
   Motion" granted and appeal dismissed, with costs and ten dollars costs of motion on the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    New York Trap Rock Corporation et al., on Behalf of Themselves and All Other Creditors of Borough Asphalt Company and Sprague Construction Co., Inc., Plaintiffs-Respondents; Edmonds-Langer Electric Company et al., Claimants-Respondents, v. National Bank of Far Rockaway, Appellant.
    Submitted November 13, 1944;
    decided November 15, 1944.

      Daniel Combs, William J. Moran, Louis Galli and B. J. McGlinn for motion.

      Carl E. Peterson and Joseph F. Finkelstein opposed.
   Motion denied;without costs.


text:
    Metropolitan Museum of Art, Appellant, v. Arthur W. Clement, Respondent, et al., Defendant.
    Argued October 3, 1944;
    decided November 16, 1944.

      Joseph V. Lane, Jr., and Edward J. Hollander., for appellant.

      Clarence B. Campbell and Arthur W. Clement for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thaoheb, JJ.


author: Per Curiam.

text:
    Nick De Martini, Respondent, v. Elade Realty Corp., Appellant.
    Argued October 4, 1944;
    decided November 16, 1944.

      Walter G. Miehaelis and James F. Conway for appellant.

      Stephen J. Masse for respondent.
   Per Curiam.

In our opinion the provisions of the contract fixing the price to be paid for items of extra work ” clearly imply an obligation to do such extra work at the stipulated price as required in connection with the performance of the work included in the Scope of the Work ” as described in the contract.

The judgment of Appellate Division should be reversed, with costs in this court and in the Appellate Division and the order of the County Court affirmed.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment accordingly.


text:
    In the Matter of the Claim of Vincent L. Dunne. Bonner & Bonner, Inc., Appellant; Frieda S. Miller, as Industrial Commissioner of the State of New York, Respondent.
    Argued October 5, 1944;
    decided November 16, 1944.

      Joseph R. Kelley for appellant.

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

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


text:
    Courtney M. Mabee et al., Appellants, v. White Plains Publishing Company, Inc., Respondent.
    Argued October 10, 1944;
    decided November 16, 1944.

      Stephen R. J: Roach for appellants.

      Douglas B. Maggs, Bessie Margolin, Irving Rosen and Joseph I. Nachman for the Administrator of the Wage and Hour Division, United States Department of Labor, as amicus curios, in support of appellant’s position.

      Elisha Hanson of the District of Columbia Bar and Frances K. Marlatt for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    Seglin-Harrison Construction Co., Inc., Respondent, et al., Claimants, v. The State of New York, Appellant.
    (Claim No. 23162.)
    Argued October 10, 1944;
    decided November 16, 1944.

      Nathaniel L. Goldstein,. Attorney-General (John R. Davison, Orrin G. Judd and Daniel J. Loventhal of counsel), for appellant.

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

Concur: Lehman, Ch. J., Loughban, Ripeey, Lewis, Conway, Desmond and Thacheb- JJ.


text:
    Laura Goldberg, an Infant, by Sam Goldberg, her Guardian ad Litem, et al., Respondents, v. Abe Frankel, Appellant, and Emile Schmitt et al., Defendants.
    Submitted October 10, 1944;
    decided November 16, 1944.

      William L. Shumate for appellant.

      Louis L. DicTcman and Moses Kaplan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughean, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    In the Matter of the Estate of George L. Bourne, Deceased. State of Florida et al., Appellants; State Tax Commission of the State of New York et al., Respondents.
    Argued October 9, 1944;
    decided November 16, 1944.

      Robert P. Smith, lone P. Barrett and H. Wahl for State of Florida, appellant.

      Burton G. Meighan, Jr., and Hunter Meighan for Kay Bourne Walker and Frances Bourne Clarke, appellants.

      Ralph A. McClelland, Thomas F. Croahe and Silas S. Clarh, Special Guardian for Lewis Howard Williams, Wesley Francis Williams and Michael Clark, Infants, appellant.

      Mortimer M. Kassell and Merman Cohen for State Tax Commission, respondent.
   Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

Concur: Lehman, Ch. J., Lottghban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    Elmer E. Grentzinger, Appellant, v. G. L. F. Churchville Farm Products Co-op, Inc., Respondent.
    Argued October 5, 1944;
    decided November 16, 1944.

      Merle L. Shejfer for appellant.

      Melvin H. Zurett for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Owen M. Quinn et al., Petitioners-Respondents. Archer Guion, Receiver of Taxes of Town of Mount Pleasant, Respondent-Appellant; Elbert T. Gallagher, as District Attorney of Westchester County, Respondent.
    Argued October 3, 1944;
    decided November 16, 1944.

      Thomas D. Scoble, Jr., for appellants. ,

      Edmund H. Cox for respondents.
   Order affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Platon Stasiuk, Appellant.
    Argued October 2, 1944;
    decided November 16, 1944.

      Stephen J. Jarema and John A. Miller for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Henry J. Shields and James Hall Prothero of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Anna L. Hendley, Appellant, v. Daw Drug Company, Inc., Respondent.
    Argued October 4, 1944;
    decided November 16, 1944.

      Harry A. Sessions for appellant.

      Eric P. Smith, for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Oh. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    James Negro, Appellant, v. Boston and Maine Railroad, Respondent.
    Argued October 5, 1944;
    decided November 16, 1944.

      John J. O’Malley for appellant.

      Charles É. Nichols for respondent.
   Judgment affirmed, with costs on the ground that there was no proof of any negligence causing the injury. No opinion.

Concur: Lehman, Ch. J., Rippey, Lewis, Desmond and Thacheb, JJ. ' Dissenting: Loughban and Conway, JJ.


text:
    Lee B. Cottrell, Respondent, v. Board of Education of the City of New York et al. Appellants.
    Argued October 9, 1944;
    decided November 16, 1944.

      Ignatius M. Wilkinson, Corporation Counsel (W. Bernard Richland, James Hall Prothero and Pauline K. Berger of counsel), for appellants.

      Á. Mark Levien for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Miriam Gorschen, Respondent, v. Ivan-Reen Realty Corporation, Appellant.
    Argued October 11, 1944;
    decided November 16, 1944.

      Arnold J. Brock, Edmund 0. Austin and William P. Balaban for appellant.

      Milton M. Eisenberg and Ralph Weller for respondent.
   Per Curiam.

Refusal of the mortgagor to pay a higher rate of interest than that specified in the extension agreement after the expiration of the extension furnished no ground for foreclosure of the mortgage (Brighton Operating Corp. v. Morrison, 291 N. Y. 6). No other question is open for our consideration.

The judgments should be reversed and the complaint dismissed, with costs in all courts.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgments reversed, etc.


text:
    The City of New York, Respondent, v. Mason & Hanger Company, Inc., Appellant.
    Argued October 12, 1944;
    decided November 16, 1944.

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

      Ignatius M. Wilkinson, Corporation Counsel (Samuel A. Bloom and James Hall Prothero of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Morton S. Coan, an Attorney, Appellant; Association of the Bar of the City of New York, Respondent.
    Argued October 2, 1944;
    decided November 16, 1944.

      Alvin G. Gass for appellant.

      Chester B. McLaughlin, 8. G. Lewis and Linar Chrystie for respondent.
   Order affirmed; no opinion.

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


text:
    Herman Leshay, et al., Appellants, v. Gresham Realty Company Inc., et al., Respondents, and Simon Tomashoff et al., Defendants.
    Argued October 4, 1944;
    decided November 16, 1944.

      Jacob Liftman for appellants.

      David L. Samuels for Gresham Realty Company Inc., respondent.

      David M. Engelson for Carnegie Plaza Apartment Corporation, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Ripfey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of Arthur E. Liffiton, Jr., as Successor Trustee, etc., Respondent, v. The National Savings Bank of the City of Albany, Appellant.
    Argued October 6, 1944;
    decided November 16, 1944.

      Roland Ford for appellant.

      Charles B. Sullivan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J,, Loughban, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Mary Carpink, Also Known as Mary Karpink, Respondent, v. Fred Karpink, Defendant; Peter A. Lauria, Appellant. (Action No. 1.) Mary Carpink, Also Known as Mary Karpink, Respondent, v. Fred Karpink, Defendant; Peter A. Lauria, Appellant. (Action No. 2.)
    Argued October 10, 1944;
    decided November 16, 1944.

      Jesse Friedman and Nathaniel H. Brower for appellant.

      Robert L. Bobrick for respondent.
   Order affirmed; no opinion.

Concur: Lehman, Ch. J., Loughean, Rippby, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Francis C. Thayer, Respondent, v. The City of New York, Appellant.
    Argued October 11, 1944;
    decided November 16, 1944.

      Ignatius M. Wilkinson, Corporation Counsel (Murray Sendler of counsel), for appellant.

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

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


text:
    In the Matter of the Claim of Joseph Groner, Respondent. Edward Corsi, as Industrial Commissioner, Appellant.
    Argued October 4, 1944;
    decided November 16, 1944.

      Nathaniel L. Goldstein, Attorney-General (Francis B. Curran and Orrin Q. Judd of counsel), for appellant.

      Samuel Kaufman for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Lotjghran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    The People of the State of New York ex rel. Leo Ingenito, Petitioner-Respondent, against Warden and Agent of Auburn Prison, Respondent, and The People of the State of New York, Appellant.
    Argued October 5, 1944;
    decided November 16, 1944.

      Nathaniel L. Goldstein, Attorney-General (Herman N. Harcourt, Orrin G. Judd and Patrick H. Clune of counsel), for appellant.

      Maurice Edelbaum for petitioner-respondent.
   Order affirmed; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


author: Rippey and Conway, JJ.,

text:
    The People of the State of New York, Appellant, v. Christel Schulz, Respondent.
    Submitted October 6, 1944;
    decided November 16, 1944.

      Charles P. Sullivan, District Attorney (James F. T. Delaney of counsel!, for appellant.

      C. Joseph Danahy for respondent.
   Order of Appellate Division reversed and judgment of Court of Special Sessions affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Lewis, Desmond and Thaoheb, JJ.

Rippey and Conway, JJ.,

dissent upon the ground that there is no prohibition, in the Alcoholic Beverage Control Law, of the act charged against the defendant and that such prohibition may not he implied. (People v. Wallace & Company, 282 N. Y. 417, 419; People v. Nelson, 153 N. Y. 90, 94; People v. Weinstock 193 N. Y. 481, 485.)


text:
    Julia B. Bourcier, Respondent, v. Ernest Peryor, et al., Appellants.
    Argued October 2, 1944;
    decided November 16, 1944.

      Allan L. Gurley for Rosalie Saulnier, appellant.

      Francis H. Lawler for Ernest Peryor and another, appellants.

      Charles D. Campbell for Julia B. Bourcier, respondent.
   Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts. No opinion.

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


text:
    City of Corning, Respondent, v. James Vincenzo Stirpe et al., Respondents, and Felemena Stirpe, Individually and as Administratrix of the Estate of Louis Stirpe, Deceased, et al., Appellants.
    Argued October 4, 1944;
    decided November 16, 1944.

      Charles H. Githler for defendants-appellants.

      Claude V. Stowell for defendants-respondents.
   Order affirmed, without costs; no opinion.

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


text:
    County of Broome, Appellant, v. Benjamin R. McKune et al., Respondents.
    Submitted October 6, 1944;
    decided November 16, 1944.

      Charles P. O’Brien, County Attorney, for appellant.

      Thomas J. Mangan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughkan, Rippey, Lewis, Conway, and Desmond, JJ. Thachek, J., dissents on the ground that any allowance of. consequential damages for trees within the highway limits was improper in this case because of' the right of the State to remove these trees for highway purposes at any time without compensation.


text:
    The People of the State of New York, Respondent, v. James Joseph Jacovacci, Appellant.
    Argued October 9, 1944;
    decided November 16, 1944.

      Michael F. Pinto and Benjamin D. Stein for appellant.

      Edward J. Neary, District Attorney (Philip Huntington of counsel), for respondent.
   Judgments reversed and information dismissed on the ground that the evidence does not establish that the defendant has been more than once convicted “ as a pickpocket, thief or burglar ”. No opinion.

Concur: Lehman, Ch. J., Louohran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Nellie Howe, Respondent, v. The Rockwell Co., Inc., Appellant.
    Argued October 10, 1944;
    decided November 16, 1944.

      W. Earle Costello for appellant.

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

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


text:
    The Pennsylvania Railroad Company, Appellant, v. City of Rochester, Respondent.
    Argued October 11, 1944;
    decided November 16, 1944.

      Percy B. Smith and Harold J. Adams for appellant.

      Charles B. Forsyth, Corporation Counsel (Samuel D. Di Pasquale of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughean, Rippby, Lewis, Conway, Desmond and Thacher, JJ.


text:
    Jennie Fedearowicz, as Administratrix of the Estate of Josephine Fedearowicz, Respondent, v. City of Amsterdam, N. Y., Appellant.
    Argued October 3, 1944;
    decided November 16, 1944.

      Walter L. Qlenney for appellant.

      Lewis M. Mullarhey for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Elisa Ehrmann, Claimant, for Unemployment Insurance Benefits. Edward Corsi, as Industrial Commissioner, Appellant; George U. Clausen et al., Respondents.
    Argued October 4, 1944;
    decided November 16, 1944.

      Nathaniel L. Goldstein, Attorney-General (Francis R. Curran and Orrin G. Judd of counsel), for appellant.

      Morton L. Fearey and Joseph Kleiner for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Katheryn A. Oechler, Appellant, against Mark Graves et al., Constituting the State Tax Commission of the State of New York, Respondents.
    Argued October 5, 1944;
    decided November 16, 1944.

      Herman Bloch for appellant.

      Nathaniel L. Goldstein, Attorney-General (John G. Crary,Jr., Orrin G. Judd and Wendell P. Brown of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Granville Davidson, Appellant, v. Vernon A. Morhous, as Warden of Great Meadow Prison, Respondent.
    Submitted October 6, 1944;
    decided November 16, 1944.

      Gerald P. McPhillips for appellant.

      Nathaniel L. Goldstein, Attorney-General (Herman N. Harcourt, Orrin G. Judd and Patrick H. Glune of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Lehman, Oh. J., Lottghran, Rippey, Lewis, Conway, Desmond and Thaoher, JJ,


text:
    Arc Engineering Corporation, Respondent, v. The State of New York, Appellant.
    (Claim No. 25495)
    Argued October 10, 1944;
    decided November 16, 1944.

      Nathaniel L. Goldstein, Attorney-General (Orri/n G. Judd, Ruth Toch and Saul A. Shames of counsel), for appellant.

      Harry Kalman for respondent.
   Per Curiam.

Claimant’s failure to comply with provisions of a construction contract requiring notification of the Chief Engineer in writing before performance of work for which extra compensation was recovered in the Court of Claims is here asserted by the State as defeating any such recovery. Our examination of the record convinces us that this defense was not properly raised in the Court of Claims, where the case was tried upon another theory. No other question of law was presented for our consideration.

Accordingly the judgment should be affirmed, with costs. (See 294 N. Y. 656.)

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment affirmed.


text:
    The People of the State of New York ex rel. Thomas Spurio, Appellant, v. John F. Foster, as Warden of Auburn Prison, Respondent.
    Argued October 10, 1944;
    decided November 16, 1944.

      Alfred A. Duffy for appellant.

      Nathaniel L. Goldstein, Attorney-General (Herman N. Harcourt, Orrin G. Judd, Patríele H. Glune and George A. Rads of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Lehman, Gh. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of the Will of William C. F. Plaster, Deceased. Harlan F. Plaster et al., Appellants; St. Luke's English Lutheran Church et al., Respondents.
    Argued October 6, 1944;
    decided November 22, 1944.

      Harry V. Borst and Jerome 8. Lovenheim for appellants.

      W. Fenton Myers for respondents.
   Order affirmed,without costs; no opinion.

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


text:
    In the Matter of the Accounting of United States Trust Company of New York et al., as Executors of Mary Edey, Deceased, Respondents. Bankers Trust Company, as Trustee for Edward W. Taylor, III, et al., and as General Guardian of Charles E. Taylor, et al., Appellants; George Arents, III, et al., Respondents.
    Argued October 17, 1944;
    decided November 22, 1944.

      Joseph R. Kelley and Arlen O. Swiger for Edward W. Taylor, III, appellant.

      Henry De Land Slack for Bankers Trust Company, as trustee and guardian, appellant.

      McDonald E. Wrenn for George Arents, III, and others, respondents.
   Order affirmed, with costs to the respondents payable out of the estate; no opinion.

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


text:
    In the Matter of the Claim of Mae Smith, Appellant, against Parkchester General Hospital et al., Respondents. State Industrial Board, Appellant.
    Argued October 18, 1944;
    decided November 22, 1944.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Orrin G. Judd of counsel), for State Industrial Board, appellant.

      Thomas L. J. Corcoran and Leonard J. Lindenbaum for respondents.
   Order affirmed, with costs against State Industrial Board; no opinion.

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


text:
    William Walsh et al., Individually and in Behalf of All Other Employees, Past and Present, of Defendants at Premises 515 Madison Avenue in the City of New York, Similarly Situated, Respondents, v. 515 Madison Avenue Corporation et al., Appellants.
    Submitted October 19, 1944;
    decided November 22, 1944.

      Allan Rogow, David Barnett and Robert 0. Weiss for appellants.

      Louis L. Schwarts and Leonard Fastenberg for respondents.

      Douglas B. Meggs, Solicitor, Bessie Margolin, Assistant Solicitor, Irving M. Rosen, Regional Attorney, George M. Ssabad and Barry M. Leet, attorneys, for L. Metcalfe Walling, Administrator of the Wage and Hour Division, United States Department'of Labor, amicus curiae.

      Joseph V. Lane, Jr., Vincent Keane and Louis W. Dawson for Mutual Life Insurance Company of New York, amicus curiae.

   Order affirmed, with costs; no opinion. Questions certified answered in the negative.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conwat, Desmond and Thaoheb, JJ.


text:
    The People of the State of New York ex rel. Guy Cary et al., as Ancillary Executors of and Trustees Under the Will of Robert W. Goelet, Deceased, Appellants, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Respondents. Same, Appellants, against Same, Respondents. The People of the State of New York ex rel. President and Fellows of Harvard College, Appellants, against Same, Respondents.
    (Appeal No. 1.)
    (Appeal No. 2.)
    (Appeal No. 3.)
    Argued October 4, 1944;
    decided November 22, 1944.

      Edward G. Bathon, Charles R. Barrett, John N. Regan and Peter J. Baxter for appellants.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., James Rail Prothero and Arthur R. Goldberg of counsel), for respondents.
   Orders affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Robert Goelet, Appellant, against William S. Miller et al., Constituting the Tax Commission of the City of New York, Respondents.
    (Appeal No. 4.)
    Argued October 4, 1944;
    decided November 22, 1944.

      Edward G. Bathon, John N. Regan, Charles R. Barrett and Peter J. Baxter for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., James Hall Prothero and Arthur H. Goldberg of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Robert Goelet, et al., as Trustees under the Will of Ogden Goelet, Deceased, et al., Appellants, against William S. Miller et al., Constituting the Tax Commission of the City of New York, Respondents.
    (Appeal No. 5.)
    Argued October 4, 1944;
    decided November 22, 1944.

      Edward G. Bathon, John N. Began, Charles B. Barrett and Peter J. Baxter for appellants.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., James Hall Prothero and Arthur H. Goldberg of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Robert Goelet et al., Appellants, against William S. Miller et al., Constituting the Tax Commission of the City of New York, Respondents.
    (Appeal No. 6.)
    Argued October 4, 1944;
    decided November 22, 1944.

      Fdtvard G. Bathon, John N. Began, Charles B. Barrett and Peter J. Baxter for appellants. <

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., James Ball Prothero and Arthur E. Goldberg of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Robert Goelet et al., as Trustees, Appellants, against William S. Miller et al., Constituting the Tax Commission of the City of New York, Respondents.
    (Appeal No. 7.)
    Argued October 4, 1944;
    decided November 22, 1944.

      Edward G. Bathon, John N. Regan, Charles R. Barrett and Peter J. Baxter for appellants.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., James Hall Prothero and Arthur H. Goldberg of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Bowery Savings Bank, Appellant, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Respondents.
    (Appeal No. 8.)
    Argued October 4, 1944;
    decided November 22, 1944.

      Edward G. Bathon, John N. Began, Charles B. Barrett and Peter J. Baxter for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., James Hall Prothero and Arthur H. Goldberg of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Edward I. Ackerbaum, Appellant, v. Gracelyne Fashions, Inc., et al., Defendants, and Joroco Silk Corporation, Defendant-Respondent.
    Argued October 11, 1944;
    decided November 22, 1944.

      Berman Mendes for appellant.

      Gustave B. Garfield and Jacob Meadow for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughean, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of Walter E. Stanton, Appellant, against Lewis J. Valentine, as Police Commissioner of the City of New York, Respondent.
    Argued October 17, 1944;
    decided November 22, 1944.

      Jacob Shientag for appellant.

      Ignatius' M. Wilkinson, Corporation Counsel (Henry J. Shields and James Hall Prothero of counsel), for respondent,
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Leta Vroman et al., Claimants, against William Van Alstyne, Respondent. State Industrial Board, Appellant.
    Submitted October 18, 1944;
    decided November 22, 1944.

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

      Arnold M. Griffin for respondent.
   Order of Appellate Division reversed and award of the State Industrial Board confirmed, with costs in the Appellate Division and in this court, on the ground that the findings of the Board are supported by substantial evidence. No opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thachbb, JJ.


text:
    William T. Cowin, as Trustee of The Prudence Company, Inc., Debtor in Reorganization under Section 77B of the Bankruptcy Act, Respondent, v. Nathan S. Jonas et al., Defendants, and Morgan D. Wheelock et al., as Executors of William H. Wheelock, Deceased et al., Defendants-Appellants.
    Argued October 19, 1944;
    decided November 22, 1944.

      John A. Kelly for appellants.

      Harold Harper, Joseph Nemerov, Arthur B. Gaetjens and Joseph L. Delaney for respondent.
   Order affirmed, with costs; no opinion. Questions certified answered in the negative.

Concur; Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    Sara W. Jackson, Appellant, v. Westchester Auto Credit Corporation, Respondent.
    Argued October 17, 1944;
    decided November 22, 1944.

      John H. Jaclcson for appellant.

      Charles A. Voss for respondent.
   . Judgment affirmed,with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. James Cummings, John Sharpe, Dominick Accobacco and Charles Kligerman, Appellants.
    Argued October 9, 1944;
    decided November 22, 1944.

      James Cummings, appellant in person.

      Abraham J. Qellinoff for John Sharpe, appellant.

      Dominick Accobacco, appellant in person.

      Isidore Meyer for Charles Kligerman, appellant.

      Frank Hogan, District Attorney (Ferdinand J. Wolf and. Whitman Knapp of counsel), for respondent.
   Per Curiam.

Upon the record before us we conclude that the trial court erred when it charged as a matter of law that the witnesses Kivowitz and Arnold were not accomplices of the defendants in the crime of concealing and withholding stolen property in' New York County. That inquiry, we think, was one of fact for the jury. The judgments should be reversed and a new trial ordered.

Concur: Lehman, Ch. J., Loughkan, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.

Judgments reversed, etc.


text:
    Olin R. Moyle, Respondent, v. Fred W. Franz et al., Appellants.
    Argued October 12, 1944;
    decided November 22, 1944.

      Hayden C. Covington for appellants.

      Walter Bruchhausen, William G. Fennell and John H. Van Surdam for respondent.
   Judgment affirmed,with costs; no opinion.

Concur: Lehman, Ch. J., Loughean, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    In the Matter of the Claim of Hazel Mace, Appellant, against Morrison & Fleming et al., Respondents. State Industrial Board, Appellant.
    Argued October 18, 1944;
    decided November 22, 1944.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Emmeline E, Ferris of counsel), for State Industrial Board, appellant.

      David Alford for claimant, appellant.

      Kenneth J. Dugan for respondents.
   Order affirmed, with costs against the State Industrial Board. No opinion.

Concur: Lshman, Ch.,J., Lotjghran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.


text:
    James Hand, Respondent, v. Delaware, Lackawanna and Western Railroad Company, Appellant.
    Argued October 11, 1944;
    decided November 22, 1944.

      John H. Hughes for appellant.

      Willard R. Pratt and H. Myron Lewis for respondent.
   Judgment affirmed,with costs; no opinion?

Concur: Loughban, Rippey, Conway and Desmond, JJ. Lehman, Ch. J., Lewis and Thacheb, JJ., dissent on the ground that the evidence fails to show that plaintiff has been free from contributory negligence.


text:
    In the Matter of LeRoy Moore, Sr., Appellant, against Earl H. Gallup, as County Judge of the County of Albany et al., Respondents.
    Argued October 17, 1944;
    decided November 22, 1944.

      LaVerne Orvis for appellant.

      Dermot C. Reilly, Desmond F. Reilly and Brendan G. Reilly for Forbes Rifle and Pistol Club, Inc., Columbia Rifle Club, Inc., and Earner Range Association, Inc., amici curiae, in support of appellant’s position.

      Walter L. Collins, County Attorney (Frank Pedlow of counsel), for Earl H. Gallup, as County Judge of Albany County, respondent.

      James J. McGuiness, Corporation Counsel (Harry A. Allan of counsel), for William J. Fitzpatrick, as Chief of Police of the City of Albany, respondent.
   Order affirmed ; no opinion.

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


text:
    In the Matter of the Claim of Frances M. Bach, Respondent, against Hampden Sales Association, Inc., et al., Appellants. State Industrial Board et al., Respondents.
    Argued October 18, 1944;
    decided November 22, 1944.

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

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum of counsel), for State Industrial Board, respondent.

      William B. Davis and E. C. Sherwood for F. W. Woolworth Company and The Travelers Insurance Company, respondents.
   Order affirmed,with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.


text:
    In the Matter of Citizens Water Supply Company of Newtown, Appellant, against Milo R. Maltbie et al., Individually and as Constituting the Public Service Commission of the State of New York et al., Respondents.
    Argued October 19, 1944;
    decided November 22, 1944.

      John D. Monroe for appellant.

      Philip Halpern and Sherman G, Ward for Public Service Commission, respondent.
   Order affirmed, with costs; no opinion.

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