text:
    John B. Brady et al., Copartners Doing Business as Brady Palmer Printing Co., Respondents, v. State Tax Commission, Appellant.
    Argued June 5, 1942;
    decided July 29, 1942.

      John J. Bennett, Jr., Attorney-General (Henry Epstein, Wendell P. Brown and Oscar S. Mann of counsel), for appellant.

      George Dyson Friou for respondents.
   Judgment affirmed, with cost's; no opinion.

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


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of the Claim of Barnaba Photographs Corporation, Respondent; Frieda S. Miller, as Industrial Commissioner of the State of New York, Appellant.
    Argued June 9, 1942;
    decided July 29, 1942.

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

      Benjamin Lewis, Maurice M. Hayman and Louis H. Moos for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Manuel Jacinto, Appellant.
    Argued June 11, 1942;
    decided July 29, 1942.

      Samuel B. Johnson and Donald H. McCann for appellant.

      Henry Hirschberg, District Attorney (Martin Rosehblum of counsel), for respondent.
   On appeal from judgment of conviction of murder in the first degree: Judgment of conviction affirmed. On appeal from judgment of conviction of murder in the second degree: Appeal dismissed. No opinion.

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


text:
    In the Matter of the Accounting of Frederick E. Squires et al., as Trustees under the Will of George W. Squires, Deceased, Respondents; Paul C. Squires, Appellant.
    Argued June 15, 1942;
    decided July 29, 1942.

      Paul C. Squires, appellant, in person.

      George F. Bodine and John G. Shaw for respondents.
   Order affirmed, with costs to the respondents payable out of the estate; no opinion.

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


text:
    Mae Levine et al., Respondents, v. Long Island Railroad Company, Appellant.
    Argued June 16, 1942;
    decided July 29, 1942.

      Ralph E. Hemstreet and Louis J. Carruthers for appellant.

      Mortimer Hays, Walter R. Barry, Abraham Porter and Robert J. Rudner for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Anthony Razauckas, an Infant, by Alex Razauckas, His Guardian ad Litem et al., Respondents, v. New York Dugan Bros., Inc., Appellant.
    Argued June 17, 1942;
    decided July 29, 1942.

      George J. Stacy and Joseph Kane for appellant.

      Francis J. Nicosia for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Sebastian Laut, as Administrator of the Estate of John D. Laut, Deceased, Appellant, v. Brooklyn & Queens Young Men’s Christian Association, Respondent.
    Argued June 18, 1942;
    decided July 29, 1942.

      Jacquin Frank and David M. Fink for appellant.

      William P. Cotter, Desmond T. Barry, Joseph J. Brophy and Clarence B. Tippett for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    J. Roswell Hasbrouck, Respondent, v. Howard E. Van Winkle et al., Appellants.
    Argued June 19, 1942;
    decided July 29, 1942.

      Joseph M. Fowler for appellants.

      Francis T. Murray and Andrew J. Cook for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Will of Justus G. Dettmer, Deceased. Empire Trust Company, as Executor of Carolyn D. Wood, Deceased, Appellant. National City Bank of New York, as Executor of Justus G. Dettmer, Deceased, et al., Respondents.
    Argued February 24, 1942;
    decided July 29, 1942.

      Aaron Frank for appellant.

      Thomas A. Sully for Mary Vogelsang, respondent.
   Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

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


text:
    The People of the State of New York, Appellant, v. J. T. Reynolds Corporation, Respondent.
    Argued June 2, 1942;
    decided July 29, 1942.

      William C. Chanler, Corporation Counsel (Paxton Blair and Irving Galt of counsel), for appellant.

      Marcus J. Friedman for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York ex rel. Clifford E. Morrison, Respondent, against William H. Pollack, as Sheriff of the County of Erie, et al., Appellants.
    Argued June 3, 1942;
    decided July 29, 1942.

      Leo J. Hagerty, District Attorney (Maurice Frey of counsel), for appellants.

      Sigmund Schwartz for respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of the Accounting of Giovanni del Drago et al., as Executors of Josephine del Drago, Deceased. Giovanni del Drago, Individually, et al., Appellants; Byron Clark, Jr., as Executor, et al., Respondents.
    Argued June 4, 1942;
    decided July 29, 1942.

      The following questions were certified:

      “ 1. Were the services, for which an allowance is sought, rendered in a proceeding to construe the will of the decedent herein?

      “ 2. Did the Surrogate have power, under the provisions of section 278 of the Surrogate’s Court Act, to grant an allowance payable out of the estate as prayed for by the appellants herein? ”

      Henry Cohen and Ludwig M. Wilson for appellants.

      Anthony J. Caputo, Littleton Fox and Byron Clark, III, for Byron Clark, Jr., as executor, respondent.

      Lawrason Riggs, Jr., special guardian and Enos Throop Geer for Angela del Drago, et al., infants, respondents.

      Frank C. Laughlin and Joseph W. Kirkpatrick for Corn Exchange Bank Trust Company, as trustee, respondent.

      Harold W. Hastings, special guardian and Sydney A. Hellenbrand for infant remaindermen, respondents.
   Order affirmed, with costs. Questions certified answered in the negative. No opinion. (See 289 N. Y. 760.)

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


text:
    Mary A. Siegrist, Appellant, v. American Sugar Refining Company, Respondent.
    Argued June 8, 1942;
    decided July 29, 1942.

      Max Freund for appellant.

      David Kelly and Elinore McNamee for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mary A. Siegrist, Appellant, v. American Locomotive Company, Respondent.
    Argued June 8, 1942;
    decided July 29, 1942.

      Max Freund for appellant.

      Tyler M. Bartow for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Bernard Coates, Respondent, v. Long Island Railroad Company, Appellant.
    Argued June 9, 1942;
    decided July 29, 1942.

      Fred L. Gross for appellant.

      Mitchell May, Saul Harris, Arthur Sheinberg and Harold L. Grossman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for Public Place in the Borough of Queens. Kew Gardens Estates, Inc., Appellant; President and Directors of the Manhattan Company, Respondent.
    Argued June 16, 1942;
    decided July 29, 1942.

      H. H. Nordlinger and Jacob M. Dinnes for appellant.

      William C. Chanler, Corporation Counsel (Reuben Levy, Julius Isaacs and Benjamin Offner of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. City of New York, Appellant.
    Argued June 16, 1942;
    decided July 29, 1942.

      The following question was certified:
    “Is the State of New York entitled to a credit for bank interest earned on the one-half of the proceeds of the mortgage tax receipts received by the City Chamberlain of the City of New York under Chapter 771, Laws of 1913, which proceeds are to be applied to pay the State’s proportion of the expense of changing grade crossings in the City of New York under section 94 of the Railroad Law? ”

      William C. Chanler, Corporation Counsel (Jeremiah M. Evarts and Abraham Shapiro of counsel), for appellant.

      John J. Bennett, Jr., Attorney-General (Leo G. Hosenfeld, Henry Epstein and Hugh Reilly of counsel), for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    Ben Ziskin, Appellant, v. Al Greenberg et al., Defendants, and A. S. G. Realty Corporation, Respondent.
    Argued June 19, 1942;
    decided July 29, 1942.

      Harry Matter and Isadore B. Hurwitz for appellant.

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

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


text:
    Otto Calabria, as Administrator of the Estate of Pasquale Calabria, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 25268.)
    Argued June 2, 1942;
    decided July 29, 1942.

      John F. Nash and John C. Smith for appellant.

      John J. Bennett, Jr., Attorney General (James H. Glavin, Jr., of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Ruth Fraser, Appellant, against Arthur D. Britt, as Sheriff of Erie County, Respondent.
    Argued June 3, 1942;
    decided July 29, 1942.

      Abraham Roth for appellant.

      Leo J. Hagerty, District Attorney (Maurice Frey of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    John Lever, Appellant, v. Guaranty Trust Company of New York et al., Respondents, Impleaded with Others.
    Argued June 4, 1942;
    decided July 29, 1942.

      I. Maurice Wormser and Samuel Zirn for appellant.

      Edward C. McLean for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. James Clark and Lawrence Edwards, Appellants.
    Argued June 9, 1942;
    decided July 29, 1942.

      Hyman J. Reit, John H. Lewis, Robert W. Carillo, John Benedetto and Abraham J. Gellinoff for James Clark, appellant.

      Abraham J. Gellinoff, Charles Pilatsky, John Cardone, J. Michael Solomon and Samuel W. Greenwald for Lawrence Edwards, appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Jack Scherbaty and Stephen Stokey, Appellants.
    Submitted June 11, 1942;
    decided July 29, 1942.

      Harry A. Roth for appellants.

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

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


text:
    Louella Noonan, Appellant, v. John C. Dessloch, Respondent.
    Argued June 16, 1942;
    decided July 29, 1942.

      William L. Clay for appellant.

      W. Clyde O’Brien for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Estate of Charles M. Pratt, Deceased. Brooklyn Trust Company of New York, as Executor of Charles M. Pratt, Deceased, Appellant. State Tax Commission, Respondent.
    Argued June 17, 1942;
    decided July 29, 1942.

      Sidney W. Davidson, McDonald E. Wrenn and Allin H. Pierce for appellant.

      Mortimer M. Kassell for respondent.
   Order affirmed, with costs payable out of the estate. No opinion. Concur: Lehman, Ch. J., Lottghran, Finch, Rippey, Lewis, Conway and Desmond, JJ.


text:
    Edward Stamer, Respondent, v. Dunbar National Bank, Appellant.
    Argued June 18, 1942;
    decided July 29, 1942.

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

      Harold Ira Panhen and Irving Cohen for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of National Surety Company. Department of Banking, State of Nebraska, as Receiver and Liquidating Agent of Farmers State Bank, Callaway, Nebraska, Appellant. Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of National Surety Company, Respondent.
    Submitted July 29, 1942;
    decided July 29, 1942.
   Motion to amend remittitur granted to the following extent: Return of remittitur requested and when returned it will be amended by adding thereto the following:

A question under the Federal Constitution was presented and necessarily passed upon in this proceeding by this Court, namely: Whether the judgment secured by the Department of Banking, State of Nebraska in the Courts of the State of Nebraska, was entitled to be accorded full faith and credit by the Courts of the State of New York, pursuant to Article 4 of the Constitution of the United States. This Court held that the judgment was not required to be given full faith and credit pursuant to the Constitution of the United States.” (See 288 N. Y. 712.)


text:
    Dores H. Fontheim, as Administrator of the Estate of Alphonse Fontheim, Deceased, Appellant, v. Third Avenue Railway Company, Respondent.
    Submitted January 20, 1941;
    decided July 29, 1942.

      Stuart Riedel for motion.

      J. Preston Mottur opposed.
   Motion granted and appeal dismissed.


text:
    Victor S. Everett, Appellant, v. Ellis L. Phillips, et al., Respondents, Impleaded with Others.
    Submitted. June 15, 1942;
    decided July 29, 1942.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 227.)


text:
    Daniel F. Laurin, Respondent, v. Patrick Construction Corporation, Appellant, Impleaded with Another.
    Reported below, 263 App. Div. 1013.
    Submitted July 29, 1942;
    decided July 29, 1942.

      Abraham Bernard King for motion.

      Charles F. Bachmann opposed.
   Motion denied.


text:
    In the Matter of the Claim of Norman Gallahan, Respondent, against Papec Machine Company et al., Appellants. State Industrial Board, Respondent.
    Submitted July 29, 1942;
    decided July 29, 1942.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 726-.)


text:
    In the Matter of William H. Fales et al., Appellants, against William D. Meisser et al., Constituting the Board of Elections of Nassau County, et al., Respondents.
    Argued August 6, 1942;
    decided August 6, 1942.

      Copal Mints and Benjamin C. Ribman for appellants.

      Allen Goodwin for Edith Harvey, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Joseph Florke et al., Appellants, against William D. Meisser et al., Constituting the Board of Elections of Nassau County, et al., Respondents.
    Argued August 6, 1942;
    decided August 6, 1942.

      Copal Mintz and Benjamin C. Ribman for appellants.

      Allen Coodwin for Marion Shapiro, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Louise Weiner et al., Respondents, against Gustave A. Joachim et al., Constituting the Board of Elections of Rockland County, Defendants, and Louis Lewis, et al., Appellants.
    Argued August 6, 1942;
    decided August 6, 1942.

      Copal Mintz and Benjamin C. Ribman for appellants.

      Allen Goodwin for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Marcellus H. Evans, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued August 6, 1942;
    decided August 6, 1942.

      George Dyson Friou for appellant.

      Sidney M. Gottesman for Nora Hayes, respondent.

      William C. Chanter, Corporation Counsel (Thomas W. A. Crowe of counsel), for S. Howard Cohen et al., Constituting the Board of Elections, respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Harry Boyarsky, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued August 6, 1942;
    decided August 6, 1942.

      Albert Boyar and Morris Ehrlich for appellant.

      Israel Convisser for Harry Schepps, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of William Seligman, Appellant, against S. Howard Cohen et al., as Commissioners of Election of the City of New York, et al., Respondents.
    Argued October 5, 1942,
    decided October 8, 1942.

      Herbert N. Skidell for appellant.

      Sydney Rosenthal for James T. Hallinan, respondent.

      John J. Bennett, Jr., Attorney-General, for Michael F. Walsh, as Secretary of State; respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of New York Title and Mortgage Company. Dorsar Enterprises, Inc., as Assignee, Appellant. Alfred J. Callahan, as Trustee, et al., Respondents.
    Reported below, 263 App. Div. 983.
    Submitted July 29, 1942;
    decided October 8, 1942.

      Jacob S. Demov, Henry J. Block and Lewis F. X. Cotignola for motion.

      William Klein opposed.
   Motion denied without prejudice to a renewal thereof on argument of the appeal.


text:
    Valley Rolling Mills, Inc., Plaintiff, v. Irving J. Feldman, Trading under the Name of Columbia Tool & Supply Company, Appellant, and Charles T. Baird, Respondent, Impleaded with Another.
    Reported below, 264 App. Div. 717.
    Submitted July 29, 1942;
    decided October 8, 1942.

      Carl K. Harten for motion.

      Leo Sandler opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the application was not made within the time fixed by the Civil Practice Act.


text:
    The People of the State of New York ex rel. Northchester Corporation, Respondent, against William S. Miller et al., as Members of the Tax Commission of the City of New York, Appellants.
    Submitted July 29, 1942;
    decided October 8, 1942.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (Sec 288 N. Y. 163.)


text:
    In the Matter of Title Guarantee and Trust Company, as Trustee, Respondent. Ridge Holding Corporation, Appellant.
    Submitted July 29, 1942;
    decided October 8, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 714.)


text:
    Harry Semanchuck, Respondent, v. Fifth Avenue and 37th Street Corporation, et al., Respondents, and Gotham Construction Corporation, Appellant.
    Reported below, 264 App. Ky. 329.
    Submitted July 29, 1942;
    decided October 8, 1942.

      Charles F. Bachmann for motion.

      William L. Shumate opposed.
   Motion denied, with ten dollars costs.


text:
    Maud H. Loyd, Respondent, v. Third Avenue Railways Company, Appellant.
    Reported below, 264 App. Div. 568.
    Submitted July 29, 1942;
    decided October 8, 1942.

      Stanley J. Harte for motion.

      Stuart Riedel opposed.
   Motion denied, with ten dollars costs.


text:
    In the Matter of E. F. W. Wildermuth, Appellant, against S. Howard Cohen, et al., as Members of the Board of Elections of the City of New York, et al., Respondents.
    Argued October 9, 1942;
    decided October 14, 1942.

      Joseph Lonardo and E. F. W. Wildermuth, in person, for appellant.

      William C. Chanler, Corporation Counsel (Charles F. Murphy, Paxton Blair and Thomas W. A. Crowe of counsel), for Board of Elections of the City of New York, respondent.

      John J. Bennett, Jr., Attorney-General (Howard F. R. Mulligan and Henry Epstein of counsel), for Michael F. Walsh, as Secretary of State, respondent.

      J. Irwin Shapiro for Charles P. Sullivan, intervener, respondent.

      Sydney Rosenthal and Benjamin J. Jacobson for James A. Roe, as Chairman of the Executive Committee of the Democratic Party of Queens County, intervener, respondent.

      William B. Groat for Queens County Republican Committee, intervener, respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Robert Rubenstein, Appellant, against The Board of Regents of the University of the State of New York, Respondent.
    Argued May 28, 1942;
    decided October 15, 1942.

      Maurice Shorenstein, Jack L. Rappaporl and Samuel M. Shorenstein for appellant.

      John J. Bennett, Jt., Attorney-General (Bernard Biensiock of counsel), for respondent.

      Albert L. Solodar for Allied Dental Council, Inc., amicus cuiæ.

   Order of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division. No opinion. (See Matter of Cherry, 289 N. Y. 148.)

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


text:
    George Krauss, Appellant, v. James Layman, Respondent.
    Submitted May 25, 1942;
    decided October 15, 1942.

      Herbert F. Hastings, Jr., for motion.
   No one opposed.

Motion granted and appeal dismissed.


text:
    Nathan B. Kogan, as Executor of Mary Winter, Deceased, Respondent, v. Gustave Bondy, Defendant. Charles Bondy, as Executor of Gustave Bondy, Deceased, Appellant.
    Reported below, 264 App. Div. 717.
    Submitted July 29, 1942;
    decided October 15, 1942.

      Nathan B. Kogan and Joseph S. Robinson for motion.

      Leonard Acker opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements. The order is one of reversal and does not finally determine the action.


text:
    In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Lands under Water, Wharfage and Other Rights on Ward’s Island in the Borough of Manhattan. Metropolitan-Columbia Stockholders, Inc., et al., Appellants.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument and a stay denied, with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 583.)


text:
    Western New York and Pennsylvania Railway Company, Appellant, v. City of Buffalo et al., Respondents.
    Reported below, 264 App. Div. 832.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Percy R. Smith and Harold J. Adams for motion.

      Andrew P. Ronan, Corporation Counsel (Herbert A. Hickman of counsel), opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements on the ground the appeal lies as of right.


text:
    Lee Cadle, Respondent, v. National Aniline & Chemical Company, Inc., Appellant.
    Reported below, 264 App. Div. 825.
    Submitted October 5, 1942;
    decided October 15, 1942.

      William L. Clay for motion.

      Esmond D. Murphy and Chester McNeil 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:
    Myrtle A. Segar, as Executrix of and Trustee under the Will of Elzie C. Segar, Deceased, Respondent, v. King Features Syndicate, Inc., Appellant.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument and for a stay denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 579.)


text:
    In the Matter of Raymond A. Morgan, Appellant, against Holton V. Noyes, as Commissioner of Agriculture and Markets of the State of New York, et al., Respondents.
    Reported below, 264 App. Div. 823.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Milo R. Kniffen, Robert I. Millonzi, Hampton H. Halsey and Robert Lamont for motion.

      Thomas M. Nichols opposed.
   Motion denied.


text:
    Sun Indemnity Company of New York, Appellant, v. The Board of Education of the City of New York, Respondent.
    Reported below, 264 App. Div. 73.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Leo M. Brimmer for motion.

      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the application was not made within the time limited by the Civil Practice Act.


text:
    In the Matter of New York State Labor Relations Board, Respondent, against Alfred Timen, Doing Business under the Name of Barbizon Plaza Pharmacy, Appellant, Impleaded with Another.
    Reported below, 264 App. Div. 120.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Daniel Kornblum for motion.

      Sol A. Herzog, opposed.
   Motion granted to the following extent: Appeal dismissed, with costs and ten dollars costs of motion unless appellant serves and files case on appeal and pays ten dollars costs on or before October 26, 1942, in which event the motion is denied.


text:
    In the Matter of Sidney M. Wittner, Appellant; Association of the Bar of the City of New York, Respondent.
    Reported below, 264 App. Div. 576.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Dinar Chrystie for motion.

      Sidney M. Wittner, in person, and Lloyd Paul Stryker opposed.
   Motion denied.


text:
    John F. Johnson, Appellant, v. R. T. K. Petroleum Co., Inc., Respondent, Impleaded with Others.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument and a stay denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 101.)


text:
    In the Matter of the Estate of Benjamin Hart, Deceased. United States Trust Company of New York, as Trustee, Appellant; Edward S. Morrison et al., Respondents.
    Reported below, 262 App. Div. 190.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Harold C. Jesse for motion.
   No one opposed.

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


text:
    Samuel Schwartz, Appellant, v. Hudson and Manhattan Railroad Company, Respondent.
    Reported below, 264 App. Div. 229.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Travers E. Devlin and John E. Buck for motion.
   No one opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion unless the appellant, within thirty days, serves and files an -undertaking on appeal, or makes a motion for leave to prosecute the appeal as a poor person which is granted, in either of which events the motion is denied.


text:
    In the Matter of Harry Lipman, Doing Business as Acme Shellac Products Company, Respondent. Haeuser Shellac Company, Inc., Appellant.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 76.)


text:
    William R. White, as Superintendent of Banks of the State of New York, Appellant, v. Pearl Adler et al., Defendants and Henry D. Gasner et al., Respondents.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 34.)


text:
    Elizabeth Roper, as Attorney in Fact of Milard K. Roper, Respondent, v. Patrick Walsh, as Fire Commissioner and Chief of Fire Department of the City of New York, et al., Appellants.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by striking therefrom the provision awarding costs to the respondent. (See 289 N. Y. 546.)


text:
    Michael Duner, Appellant, v. Hudson & Manhattan Railroad Company, Respondent.
    Reported below, 264 App. Div. 229.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Travers E. Devlin and John E. Buck for motion.

      Joseph Gallo and Emile Z. Berman opposed.
   Motion denied.


text:
    George A. Owen, Appellant, v. Westchester Country Club, Inc., Respondent.
    Reported below, 265 App. Div. 796.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Munn Brewer for motion.

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


text:
    In the Matter of Kramer & Uchitelle, Inc., Respondent. Eddington Fabrics Corporation, Appellant. In the Matter of Kramer & Uchitelle, Inc., Respondent. M. Lowenstein & Sons, Inc., Appellant. In the Matter of Kramer & Uchitelle, Inc., Respondent. Classic Mills, Inc., Appellant.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 467.)


text:
    Gustave S. Geiger, Appellant, v. James I. Bush et al., Respondents.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument denied without costs. (See 288 N. Y. 365.)


text:
    In the Matter of the Accounting of Robert E. Bergman, as Guardian of George R. Bunting, an Infant. Emma J. Bergman, as Administratrix of the Estate of Robert E. Bergman, Deceased, et al., Appellants; George R. Bunting, Respondent. In the Matter of the Accounting of Robert E. Bergman, as Executor of Katherine L. Bunting, Deceased. Emma J. Bergman, as Administratrix of the Estate of Robert E. Bergman, Deceased, Appellant; George R. Bunting, Respondent. In the Matter of the Accounting of Robert E. Bergman, as Trustee under the Will of Harry F. L. Bunting, Deceased. Emma J. Bergman, as Administratrix of the Estate of Robert E. Bergman, Deceased, Appellant; George R. Bunting, Respondent.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument denied with ten dollars cost and necessary printing disbursements. (See 288 N. Y. 388.)


text:
    Raymond Concrete Pile Company, Respondent, v. Federation Bank and Trust Company, Appellant.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument granted. (See 288 1ST. Y. 452.)


text:
    2018 Seventh Ave., Inc., Respondent, v. Nach-Haus Leasing Corporation, Appellant.
    Reported below, 264 App. Div. 834.
    Submitted October 5, 1942;
    decided October 15, 1942.

      David Seid for motion.

      T. E. Purcell 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. (See 289 N. Y. 490, 761.)


text:
    In the Matter of Jacob Rud, Appellant; Association of the Bar of the City of New York, Respondent.
    Reported below, 264 App. Div. 529.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Einar Chrystie for motion.

      Israel Hoffman and David Sleckler opposed.
   Motion denied.


text:
    Richfield Oil Corporation of New York, Appellant, v. City of Syracuse, Respondent. Laura McCarthy et al., Appellants, v. City of Syracuse, Respondent.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 234.)


text:
    Waller M. Adams, Plaintiff, v. Clare M. Torrey et al., Defendants, and T. & G. Assets Realization Corporation, Appellant. Walter M. Goldsmith et al., Respondents.
    Reported below, 263 App. Div. 6.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Osmond K. Fraenkel for motion.

      William Biel and Chauncey E. Treadwill opposed.
   Motion denied with ten dollars costs.


text:
    William A. Beer, Appellant and Respondent, v. S. Ashley Chanler et al., Respondents and Appellants, Impleaded with Another.
    Submitted October 5, 1942;
    decided October 15, 1942.
   Motion for reargument or to amend the remittitur denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 549.)


text:
    The People of the State of New York ex rel. Edward Fry, Respondent, against William Hunt, as Warden of Attica State Prison, Appellant.
    Submitted October 5, 1942;
    decided October 15, 1942.

      John J. Bennett, Jr., Attorney-General (Patrick H. Clune of counsel), for motion.
   No one opposed.

Motion granted.


text:
    In the Matter of Mary E. McMenamy, Appellant, against Arthur N. Aitken, Individually and as Superintendent of Niagara Sanatorium, Respondent.
    Reported below, 263 App. Div. 926.
    Submitted October 5, 1942;
    decided October 15, 1942.

      Robert L. Rice, Jr, for motion.
   No one opposed.

Motion granted and appeal dismissed unless appellant files return within ten days, in which event the motion is denied.


text:
    In the Matter of Flushing Hospital and Dispensary, Respondent. Charles H. Campbell et al., Appellants. L. Gale Hunter et al., Respondents.
    Submitted October 13, 1942;
    decided. October 15, 1942.
   Motion for reargument and to further amend the remittitur denied. This court has no power to supervise the election which it has ordered, nor can the court, either upon this motion or upon a reargument of the appeal, determine the propriety and validity of the proceedings which the appellants and the respondents have taken since the decision of this court or propose to take in the future. (See 288 N. ,Y. 125).


text:
    In the Matter of Lacidem Realty Corporation, Respondent, against Mark Graves et al., Constituting the State Tax Commission, Appellants.
    Submitted October 19, 1942;
    decided October 22, 1942.
   Motion to amend the remittitur denied with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 354.)


text:
    The People of the State of New York, Respondent, v. Diana Beck, Appellant.
    Submitted October 27, 1942;
    decided October 27, 1942.
   Motion for further amendment of remittitur granted. Return of remittitur requested and when returned it will be amended by striking out the reference to the mandatory order Number 2 issued by the Commissioner of Labor. (See 288 N. Y. 569, 672.)


text:
    Harold L. Stevens, Appellant, v. Village of Endicott, Respondent.
    Argued October 5, 1942;
    decided October 29, 1942.

      Harry Kantor for appellant.

      John D. O’Loughlin for respondent.
   Order affirmed; no opinion. (See 289 N. Y. 760.)

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


text:
    In the Matter of Paul J. McKinnon, as President of New York City Subway Police Association, et al., Appellants, against John H. Delaney et al., Constituting the Board of Transportation of the City of New York, et al., Respondents. Brotherhood of Railroad Signalmen of America et al., Interveners, Respondents.
    Argued October 6, 1942;
    decided October 29, 1942.

      Albert de Roods for appellants.

      William C. Chanter, Corporation Counsel (Jeremiah M. Evarts and Paxton Blair of counsel), for defendants-respóndents.

      H. Eliot Kaplan and Samuel D. Smoleff for interveners, respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Morris Felder, Appellant, against William G. Fullen et al., Constituting the New York State Transit Commission, et al., Respondents. Brotherhood of Railroad Signalmen of America et al., Interveners, Respondents.
    Argued October 6, 1942;
    decided October 29, 1942.

      Michael M. Platzman for appellant.

      George H. Stover and Philip Hodes for New York State Transit Commission, respondent.

      William C. Chanler, Corporation Counsel (Jeremiah M. Evarts of counsel), for Municipal Civil Service Commission of the City of New York et al., respondents.

      H. Eliot Kaplan for interveners, respondents.

      John J. Bennett, Jr., Attorney-General (Henry Epstein and Oscar S. Mann of counsel), for State Civil Service Commission, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Harry Solo, Appellant, against William G. Fullen et al., Constituting the New York State Transit Commission, et al., Respondents. Brotherhood of Railroad Signalmen of America et al., Interveners, Respondents.
    Argued October 6 1942;
    decided October 29, 1942.

      Michael M. Platzman for appellant.

      William C. Chanler, Corporation Counsel (Jeremiah M. Evarts of counsel), for Board of Transportation of City of New York et ah, respondents.

      H. Eliot Kaplan for interveners, respondents.

      John J. Bennett, Jr., Attorney-General (Henry Epstein and Oscar S. Mann of counsel), for State Civil Service Commission, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Elizabeth Kunst, Respondent, against General Bronze Corporation et al., Appellants. State Industrial Board, Respondent.
    Submitted October 6, 1942;
    decided October 29, 1942.

      Albert P. Thill and John P. Smith for appellants.

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

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


text:
    Wembach Corporation, Appellant, v. Emigrant Industrial Savings Bank, Respondent, Impleaded with Another.
    Argued October 7, 1942;
    decided October 29, 1942.

      Irving Payson Zinbarg for appellant.

      John E. McAniff, Lester T. O’Connor and Joseph H. Praetz for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of James Dolan against The City of New York, Respondent. State Industrial Board, Appellant.
    Argued October 6, 1942;
    decided October 29, 1942.

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

      William C. Chanler, Corporation Counsel (Paxton Blair and Samuel A. Bloom of counsel), for City of New York, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Louis Kucker, Appellant, v. Gates Container Corporation, Respondent.
    Argued October 7, 1942;
    decided October 29, 1942.

      Harold A. Gates and Leonard Michael Lake for appellant.

      Manfred W. Ehrich, Ralph Royall and James G. Holland for respondent.
   Judgment affirmed, with costs, with leave to the appellant, if so advised, to move at Special Term for a resettlement of the judgment to conform to the language of the order of the Appellate Division. No opinion.

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


text:
    In the Matter of the Claim of Dolores A. Rice, on Behalf of John T. Rice, a Minor Child, Respondent, against William Wrigley, Jr. Company, Inc., et al., Appellants. State Industrial Board, Respondent.
    Argued October 6, 1942;
    decided October 29, 1942.

      Charles P. Barre for appellants.

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

Concur: Lehman, Ch. J., Loughran, Finch, Rippet, Lewis, Conwat and Desmond, JJ.


text:
    In the Matter of Bronxville Bowling Club, Inc., Appellant, against George N. Schmiedel, as Tax Assessor of the Town of Eastchester, et al., Respondents.
    Argued October 7. 1942;
    decided October 29, 1942.

      Frank H. Connelly, Jr., for appellant.

      Joseph G. Gubman for Eastern Bowling Proprietors Assn., Inc., amicus curise.

      Dante D’Alessandro and Robert J. Trainor for respondent.
   Judgment reversed and judgment directed in favor of the appellant, without costs, upon the authority of People ex rel. National Exhibition Co. v. Miller (288 N. Y. 698). No opinion.

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


text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under the Will of William J. Smith, Deceased. Frederick G. Schmidt, as Special Guardian, Appellant; Edwin P. Hume et al., Respondents.
    Submitted October 7, 1942;
    decided October 29, 1942.

      Frederick G. Schmidt, as special guardian, appellant.

      Karl W. Kirchwey for Edwin P. Hume et al., respondents.
   Order affirmed, with costs to each party filing a separate brief payable out of the estate. No opinion.

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


text:
    In the Matter of the Acquisition of Title to Properties Required for Cross Island Parkway in the Town of Hempstead. Koscar Realty Corporation, Appellant; County of Nassau, Respondent.
    Submitted October 5, 1942;
    decided October 29, 1942.

      Ruvin H. Koslow for appellant.

      Marcus G. Christ, County Attorney (Robert W. Duvall of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Larney Werner, Respondent, against Psaty & Fuhrman, Inc., et al., Appellants. State Industrial Board, Respondent.
    Argued October 6, 1942;
    decided October 29, 1942.

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

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

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


text:
    Cup Craft Paper Corporation, Plaintiff, v. Federal Paper Board Company, Inc., et al., Defendants. Isidor E. Schlesinger et al., Co-partners under the Firm Name of Schlesinger & Krinsky, Respondents; New York Credit Men’s Association, as Trustee in Bankruptcy of Cup Craft Paper Corporation, Appellant.
    Argued October 5. 1942;
    decided October 29, 1942.

      William Braverman, Nathaniel H. Mandelker and Henry Braverman for appellant.

      Ludwig Teller for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of William P. Sullivan, Appellant, against The Board of Education of the City of New York, Respondent.
    Argued October 7, 1942;
    decided October 29, 1942.

      Austin B. Mandel for appellant.

      William C. Chanler, Corporation Counsel (Nicholas Bucci and Paxton Blair of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Leon Silverberg et al., Appellants, v. Edwin S. Schweig et al., Respondents.
    Submitted October 26, 1942;
    decided October 29, 1942.
   Motion for reargument denied. (See 288 N. Y. 217.)


text:
    In the Matter of 436 West 34th Street Corporation, Appellant, against Joseph D. McGoldrick, as Comptroller of the City of New York, Respondent.
    Submitted October 19, 1942;
    decided October 29, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 346.)


text:
    In the Matter of the Claim of Timothy J. Connolly, Appellant, against Baltimore and Ohio Railroad Company, Respondent. State Industrial Board, Appellant.
    Submitted October 19, 1942;
    decided October 29, 1942.

      Robert Schwebel and Harold R. Oakes for motion.
   No one opposed.

Motion granted and appeal dismissed, with costs, and ten dollars costs of motion on the ground that the notice of appeal was not served within the time prescribed by the Civil Practice Act.


text:
    Home Owners’ Loan Corporation, Respondent, v. Oliver D. Burden, Sr., et al., Appellants.
    Submitted October 19, 1942;
    decided October 29, 1942.

      Francis R. Fuller for motion.

      Oliver D. Burden, Sr., in person, opposed.
   Motion granted and appeal dismissed with costs, and ten dollars costs of motion.


text:
    Victor S. Everett, Appellant, v. Ellis L. Phillips et al., Respondents, Impleaded with Others.
    Submitted October 19, 1942;
    decided October 29, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 227.)


text:
    In the Matter of Lacidem Realty Corporation, Respondent, against Mark Graves et al., Constituting the State Tax Commission, Appellants.
    Submitted October 19, 1942;
    decided October 29, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 354.)


text:
    Elizabeth C. O’Brien, as Administratrix of the Estate of Joseph O’Brien, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 25093.)
    Reported below, 263 App. Div. 746.
    Submitted October 19, 1942;
    decided October 29, 1942.

      John J. Bennett, Jr., Attorney-General (Joseph L. Fitzgerald of counsel), for motion.
   No one opposed.

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


text:
    Gerald Mackney, an Infant, by Glenn T. Mackney, His Guardian ad Litem et al., Appellants, v. State of New York, Respondent.
    (Claim No. 25530.)
    Reported below, 262 App. Div. 1063.
    Submitted October 19, 1942;
    decided October 29, 1942.

      John J. Bennett, Jr., Attorney-General (Joseph L. Fitzgerald of counsel), for motion.
   No one opposed.

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


text:
    Nicholas Bertini et al., Respondents, v. John R. Murray, Doing Business under the Name of John R. Murray & Son et al., Respondents, and Knickerbocker Ice Company et al., Appellants.
    Submitted October 19, 1942;
    decided October 29, 1942.

      Irving Lemov for motion.

      Irving J. W. Marx opposed.

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


text:
    Emil Boeger, Appellant, v. William F. Jacobs et al., Respondents.
    Submitted October 26, 1942;
    decided October 29, 1942.

      William C. Chanler, Corporation Counsel (James Hall Prothero of counsel), for motion.
   No one opposed.

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


text:
    Josephine Parkas, Appellant, v. Peter Parkas, Respondent.
    Reported below, 265 App. Div. 802.
    Submitted October 26, 1942;
    decided October 29, 1942.

      Frederick E. Klein for motion.

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


text:
    In the Matter of the Estate of John T. Smith, Deceased. William H. Bishop et al., Appellants; Cecelia A. Bishop et al., Respondents.
    Submitted October 26, 1942;
    decided October 29, 1942.

      Edward Q. Carr and Paul E. Lord for motions.

      George J. Mullen opposed.
   Motion granted and appeal dismissed with costs, and ten dollars costs of motion on the ground that no appeal from the order of the Appellate Division may be taken without leave of the Appellate Division or of the Court of Appeals. (See 289 N. Y. 760.)


text:
    Leon Silverberg et al., Appellants, v. Edwin S. Schweig et al., Respondents.
    Submitted October 26, 1942;
    decided October 29, 1942.
   Motion to amend remittitur denied. (See 288 N. Y. 217.)


text:
    In the Matter of Bates Chevrolet Corporation, Appellant. Association of Motor Vehicle Salesmen of Greater New York and Vicinity, Respondent.
    Submitted October 8, 1942;
    decided November 25, 1942.

      Bernard Trencher for appellant.

      Joseph Brill and James G. Duffy for respondent.
   Orders reversed, with costs in all courts to the appellant and the matter remitted to the Special Term on the ground that the basis of the orders is destroyed by the reversal of the judgments in Alexion v. Hollingsworth, 289 N. Y. 91, and Goodwin Motor Car Co. v. Alexion, 289 N. Y. 98. No opinion.

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


text:
    Lawrence Mnich, Respondent, v. American Radiator Company, Appellant.
    Argued October 13, 1942;
    decided November 25, 1942.

      Selby G. Smith for appellant.

      Emil L. Cohen and George E. Phillies for respondent.
   Order affirmed, with costs. First question certified answered in the negative. Second question certified answered in the affirmative. No opinion.

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


text:
    Leah Pearlstein, Appellant, v. Title Guarantee and Trust Company, Respondent.
    Submitted October 8, 1942;
    decided November 25, 1942.

      John Holley Clark, Jr., Gustavus A. Rogers and Leo Niedelman for appellant.

      Flynn L. Andrew for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Samuel Kirsch, Appellant, v. City of New York, Respondent.
    Submitted October 8, 1942;
    decided November 25, 1942.

      Abraham L. Kanter and Francis J. Hughes for appellant.

      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of the Estate of Elric W. Monty, Deceased. Edward Brunell et al., as Administrators of the Estate of Elric W. Monty, Deceased, Appellants; Edna A. Baxter, Respondent.
    Argued October 13, 1942;
    decided November 25, 1942.

      Harold A. Jerry for appellants.

      F. Claude O’Connell and Harold F. Tucker for respondent.
   Order of Appellate Division reversed and that of Surrogate’s Court affirmed, with costs in this court and in the Appellate Division to all parties filing separate briefs payable out of the estate, on the ground that the weight of evidence lies with the decision of the Surrogate. No opinion.

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


text:
    In the Matter of Mortgage Corporation of New York, as Trustee, Respondent; Marie Ohlbaum et al., Appellants.
    Argued October 8, 1942;
    decided November 25, 1942.

      Alexander E. Rosenthal, Irving Segal, Mordecai Goldberg and Arnold Gross for appellants.

      Clarence A. Meeker for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughean, Pinch, Riprey, Lewis, Conway and Desmond, JJ.


text:
    President and Directors of Manhattan Company, as Trustee, Plaintiff, v. Harriman Building Corporation et al., Defendants. Robert S. Hirsch, Appellant; Lee S. Buckingham et al., Constituting the First Mortgage Bondholders’ Committee, et al., Respondents.
    Submitted October 13, 1942;
    decided November 25, 1942.

      I. Arnold Himber for appellant.

      Louis G. Bernstein, Julius J. Rosenberg and Wilmurt B. Linker for respondents.

      G. Wallace Bates and Wilkie Bushby for plaintiff.
   Appeal dismissed, without costs, on the ground that the order does not finally determine the proceeding within the meaning of the Constitution. No opinion.

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


text:
    Kenneth McIntyre, Respondent, v. Philip Fisher, Appellant, Impleaded with Another.
    Argued October 20, 1942;
    decided November 25, 1942.

      John H. Broderick and Henry S. Bayly for appellant.

      Andrew W. Ryan for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Sixth Avenue Baptist Society, as Administrator with the Will Annexed of the Estate of Mary Fox, Deceased. Frank Finberg, Appellant; Sixth Avenue Baptist Society, as Administrator and Residuary Legatee, Respondent.
    Argued October 8, 1942;
    decided November 25, 1942.

      Philip Bramnick and James E. Bennet for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Harold P. Odom, Appellant.
    Argued October 15, 1942;
    decided November 25, 1942.

      James Adikes and William E. Kennedy for appellant.

      Edward J. Neary, District Attorney (Philip Huntington oí counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of the Will of Lilian B. Wilson, Deceased. Avis W. Dowsey, Appellant; W. Russell Cherry, as Executor of Lilian B. Wilson, Deceased, et al., Respondents.
    Argued October 7, 1942;
    decided November 25, 1943.

      Andrew Eckel for appellant.

      M. Rudolph Preuss for W. Russell Cherry, as executor, respondent.

      Wilford E. Neier, special guardian, and T. Ross Clancey for Laura Dowsey et al., infants, respondents.
   Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

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


text:
    In the Matter of the Accounting of Morris Salomon et al., as Executors of Samuel Frank, Deceased. Emma Sonn et al., Appellants; Henry Hofheimer et al., as Co-executors of Samuel Frank, Deceased, et al., Respondents.
    Argued October 13, 1942;
    decided November 25, 1942.

      Frederick Baum and Frank E. Karelsen, Jr., for Emma Sonn, appellant.

      Charles 8. Rosenschein and Robert Moers for Maud Salomon et al., appellants.

      Henry Hofheimer, Louis J. Paley and Milton Mansbach for Central Hanover Bank and Trust Company et al., as executors, respondents.

      Julius Weiss, special guardian for Audrey Harris et al., infants, respondents.
   Order affirmed, with costs to all parties filing briefs payable out of the estate. No opinion.

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


text:
    Lena Kronenberg et al., Appellants, v. City of New York, Respondent.
    Argued October 19, 1942;
    decided November 25, 1942.

      Andrew F. VanThun, Jr., and Isidore R. Gross for appellants.

      William C. Chanler, Corporation Counsel (Paxton Blair and Ruth Levinson of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Pasquale Favole, Appellant, v. Domenico Gallo et al., Respondents.
    Argued October 8, 1942;
    decided November 25, 1942.

      Frank A. Bellucci for appellant.

      George D. Aranow for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Hattie Freisinger, as Executrix of Eugene Freisinger, Deceased, Appellant. Frances Freisinger et al., Respondents.
    Argued October 8, 1942;
    decided November 25, 1942.

      Herman S. Axelrod and Maitland M. Axelrod for appellant. Lawrence Wiseman, special guardian for Joan Freisinger et al., infants, respondents.
   Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

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


text:
    In the Matter of Great Northern Warehouses, Inc., Appellant, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, Respondents.
    Argued October 13, 1942;
    decided November 25, 1942.

      David Brodsky, J. Almyk Lieberman, Bernard Reich and Thomas W. Dixson for appellant.

      Gay H. Brown and Sherman C. Ward for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Hahn Bros. Fireproof Warehouses, Inc., Appellant, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, Respondents.
    Argued October 13, 1942;
    decided November 25, 1942.

      David Brodsky, J. Almyk Lieberman and Bernard Reich for appellant.

      Gay H. Brown and Sherman C. Ward for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Maurice H. Simson, Respondent, v. Commercial Travelers Mutual Accident Association of America, Appellant.
    Submitted October 19, 1942;
    decided November 25, 1942.

      Charles J. Nehrbas and Henry C. Moses for appellant.

      Harry J. Coman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Sarah L. Sanders, Respondent, v. M. Lowenstein & Sons, Inc., Appellant.
    Argued October 8, 1942;
    decided November 25, 1942.

      Irving D. Lipkowitz and William Hughes Lewis for appellant. Louis Sanders for respondent.
   Order affirmed, with costs, on the authority of Matter of Kramer & Uchitelle, Inc. (288 N. Y. 467). No opinion.

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


text:
    The People of the State of New York, Respondent, v. William Marra, Appellant.
    Submitted October 8, 1942;
    decided November 25, 1942.

      Emil J. Reigi for appellant.

      Farrell M. Kane, District Attorney (John F. Kavanagh of counsel), for respondent.
   Judgments reversed and information dismissed on the authority of People v. Richardson (287 N. Y. 563). No opirnon.

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


text:
    In the Matter of Morris Koppelman et al., Respondents, against Sunset Wine Co., Inc., Appellant, and Henry S. Bruckman et al., Constituting the Liquor Authority of the State of New York, Respondents.
    Argued October 13, 1942;
    decided November 25, 1942.

      Alfred D. Van Buren, J. Lewis Ash and Henry Hirsch for appellant.

      James I. Cuff and Eugene Zimmerman for petitioners-respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Dan G. Judge, Appellant, v. State of New York, Respondent.
    (Claim No. 25218.)
    Submitted October 16, 1942;
    decided November 25, 1942.

      Samuel Wetschler for appellant.

      John J. Bennett, Jr., Attorney-General (James H. Glavin, Jr., of counsel), and Jesse C. Millard and Theodore V. Zavatt for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    McGarry Contracting Co., Inc., Respondent, v. Board of Education of the City of New York, Appellant.
    Argued October 19, 1942;
    decided November 25, 1942.

      William C. Chanler, Corporation Counsel (Paxton Blair, John G. Clancy and Nelson Rosenbaum of counsel), for appellant.

      Frank Weinstein and Samuel J. Levinson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Irma Rosen, Respondent, v. New York Life Insurance Company, Appellant, and Samuel Rosen, Respondent.
    Argued October 8, 1942;
    decided December 3, 1942.

      J. Nash Williams and Henry C. Frey for appellant.

      Max Kavenoff for defendant-respondent.
   Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division against the defendant Samuel Rosen. (See Rosen v. Equitable Life Assurance Society, 289 N. Y. 333.) The question certified is answered in the affirmative. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Albert F. Coyle, Appellant.
    Argued October 12, 1942;
    decided December 3, 1942.

      Edward C. McLean for appellant.

      Frank S. Hogan, District Attorney (Stanley H. Fuld and Richard G. Denser of counsel), for respondent.

      Edwin M. Otterbourg, Frederic P. Houston, Charles G. Tierney and George R. Adams for New York County Lawyers Association, amicus curiæ.

   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York ex rel. Luxemburg Realty Corporation, Appellant, against William S. Miller et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents.
    Argued October 20, 1942;
    decided December 3, 1942.

      William C. Chanler, Corporation Counsel (Arthur H. Goldberg, Arthur A. Segall and Anthony Curreri of counsel), for respondents.
   Order of Appellate Division reversed and that of Special Term affirmed, with costs in this Court and in the Appellate Division. (See People ex rel. Ambroad Equities, Inc., v. Miller, 289 N. Y. 339.) No opinion.

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


text:
    Grant L. Bartelstone, Appellant, v. Mutual Life Insurance Company of New York, Respondent.
    Submitted October 21, 1942;
    decided December 3, 1942.

      Harry Greenspan for appellant.

      Grattan B. Shults, John G. Kelly, Carl F. Hollander and Louis W. Dawson for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of Benjamin Firshein, Appellant, against Grace A. Reavy et al., Constituting the Civil Service Commission of the State of New York, Respondents.
    Submitted October 29, 1942;
    decided December 3, 1942.

      Irving H. Saypol and Leo Kotler for appellant.

      John J. Bennett, Jr., Attorney-General (Patrick H. Clune and Henry Epstein of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Archie Miller, Appellant.
    Argued October 19, 1942;
    decided December 3, 1942.

      Joseph Tauber, David Gleiberman and Alexander E. Racolin for appellant.

      Thomas Cradock Hughes, Acting District Attorney (William I. Siegel of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Benjamin Levy, as Administrator of the Estate of Daniel J. Levy, Deceased, Appellant, v. Cascades Operating Corporation, Respondent.
    Argued October 19, 1942;
    decided December 3, 1942.

      Harry A. Spiegelman, John M. Wilson and Max J. LeBoyer for appellant.

      James J. McLoughlin, Robert F. White and John J, Kirwan for respondent.
   Judgment of Appellate Division reversed and a new trial granted, with costs to the appellant to abide the event. Whether the defendant was negligent and whether the decedent assumed the risk of his injuries were questions of fact for the jury. No opinion.

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


text:
    Frieda S. Miller, as Industrial Commissioner of the State of New York, Respondent, v. Garford Laboratories, Inc., et al., Appellants.
    Submitted October 21, 1942;
    decided December 3, 1942.

      George F. Reid for appellants.

      Harry Schechter and William F. O’Rourke for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Estate of Frank B. Steele, Deceased. Ruth K. Steele, as Executrix of Frank B. Steele, Deceased, Appellant; Frank M. Tait, Respondent.
    Argued October 21, 1942;
    decided December 3, 1942.

      R. G. Dunmore, Jr., for appellant.

      Francisco Penberthy and Milton D. Nelson for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Olivia R. Lindner, Appellant, v. Henry G. Lindner, Respondent.
    Submitted October 22, 1942;
    decided December 3, 1942.

      David Michelsohn and John M. Detjen for appellant.

      Alvin L. Weil for respondent.
   Appeal dismissed, with costs, on the ground that no appeal lies from the order of the Appellate Division and no judgment has been entered on that order. No opinion.

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


text:
    Cecelia D. Kelly, Appellant, v. Raymond Blendinger, Respondent.
    Argued October 26, 1942;
    decided December 3, 1942.

      Clayton M. Smith for appellant.

      Thomas R. Wheeler and Edward L. Robinson, Jr., for respondent.
   Judgment of Appellate Division reversed and a new trial granted, with costs to abide the event on the ground that questions of fact were presented by the evidence and were properly submitted to the jury. No opinion.

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


text:
    In the Matter of Golden City Park Corporation, Appellant, against Board of Standards and Appeals of the City of New York et al., Respondents.
    Argued October 29, 1942;
    decided December 3, 1942.

      William B. Roulstone and Adam Frank for appellant.

      William C. Chanler, Corporation Counsel (James Hall Prothero, Paxton Blair and Rose Schneph of counsel), for respondents.
   Order affirmed, with costs. There is evidence sufficient to support the findings that the structure in question was not an amusement device ” within the meaning of the Administrative Code. We pass upon no other question. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Joseph Sonsky, Appellant.
    Argued October 15, 1942;
    decided December 3, 1942.

      Abraham J. Gellinoff, Alexander I. Rorke and Daniel S. Weiss for appellant.

      Frank S. Hogan, District Attorney (Stanley H. Fuld and Harris B. Steinberg of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Kathryn T. Martin, Respondent, v. Florence Donahue, Appellant, Impleaded with Another.
    Argued October 21, 1942;
    decided December 3, 1942.

      Kenneth J. Dugan for appellant.

      John J. Donohue, Edward N. Schedberling and John M. Schneider for respondent.
   Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that there is no evidence sufficient to establish negligence on the part of the defendant Donahue. No opinion.

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


text:
    Anna P. Boudin, Appellant, v. Harry Clarren, Respondent. In the Matter of Harry Clarren, Respondent; Anna P. Boudin, Appellant.
    Argued October 13, 1942;
    decided December 3, 1942.

      Louis B. Boudin for appellant.

      Matthew H. Rosenblum for respondent.
   Judgment affirmed, with costs. Order affirmed, with costs. No opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J., on the ground that the appellant is entitled to a trial of the question whether the contract was obtained by fraud, and a trial may not be denied to her even assuming that her affidavits show there is no substantial ground for her claim.


text:
    The People of the State of New York, Respondent, v. Edmund Sileo, Appellant.
    Argued October 20, 1942;
    decided December 3, 1942.

      Harry G. Anderson and Samuel Bader for appellant.

      Thomas Cradock Hughes, Acting District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Joseph Roth, as Administrator of the Estate of Jean Roth, Deceased, Respondent, v. State of New York, Appellant. John J. Murphy et al., as Administrators of the Estate of Mary E. Murphy, Deceased, Respondents, v. State of New York, Appellant.
    (Claim No. 25302.)
    (Claim No. 25303.)
    Argued October 21, 1942;
    decided December 3, 1942.

      John J. Bennett, Jr., Attorney-General (James H. Glavin, Jr., of counsel), for appellant.

      M. Francis Malone and Leo O. Coupe for respondents.
   Judgments affirmed, with costs; no opinion.

Concur: Loughran, Finch, Rippey, Conway and Desmond, JJ. Lehman, Ch. J., and Lewis, J., dissent on the ground there was no proof of breach of duty by the State.


text:
    Joseph M. Tobani, as Administrator with the Will Annexed of the Estate of Helene M. Tobani, Deceased, et al., Respondents. v. Carl Fischer, Inc., Appellant.
    Argued October 22, 1942;
    decided December 3, 1942.

      A. S. Gilbert, Francis Gilbert and Godfrey Cohen for appellant.

      Benjamin J. Jacobson and Sydney Rosenthal for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Barbara Brown, Respondent, v. Rockefeller Center, Inc., et al., Defendants, and George J. Atwell Foundation Corporation, Appellant.
    Submitted October 22, 1942;
    decided December 3, 1942.

      Desmond T. Barry, Joseph J. Brophy, Edward A. Shandell and Clarence B. Tippett for appellant.

      Benjamin H. Siff and George Mandelbaum for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Metropolitan Life Insurance Company, Respondent, v. Otto Oseas et al., Appellants.
    Argued October 23, 1942;
    decided December 3, 1942.

      Morton Pepper, Herbert S. Grossman and David Schmerler for appellants.

      Herbert F. Garrick, Thomas F. Christie and Harry Cole Bates for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Carmela Ammirati et al., as Administratrices of the Estate of John Durso, Deceased, Respondents, v. Suburban Fuel Oil Service, Inc., et al., Appellants, Impleaded with Others.
    Argued October 26, 1942;
    decided December 3, 1942.

      The following questions were certified:
    “ (1) May the contract, Exhibit A annexed to the complaint, be interpreted and construed on its face so as to place upon Webster Coal & Oil Co., Inc. the obligation to account to the plaintiffs for moneys received on sales after January 6, 1939 of oil to customers listed on Schedule B in the amount of $5,096.80 or any amount, if such customers old accounts were not valid and enforceable and actually ‘ due and payable ’ to Webster on or before January 10, 1939?

      “ (2) Does paragraph (1) of the judgment, printed in folios 223-228 of the record on appeal, adjudicate issues actually tried and decided according to the statutes of the State of New York, and the spirit and intent of the due process clausés of the Constitution of the State of New York, and the Constitution of the United States? ”
    Upon appeal the appellants argued that certain provisions of the judgment adjudicated issues not actually tried.

      J. Henry Esser and Milton W. Levy for Webster Coal & Oil Co., Inc., et al., appellants.

      Raymond Caverly, Herbert F. Dimond and Bernard G. Barton for Fidelity and Casualty Company of New York, appellant.

      Henry H. Silverman and Nathaniel L. Sills for respondents.
   Order affirmed, with costs; no opinion. Questions certified answered in the affirmative.

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


text:
    In the Matter of Robert Goelet et al., as Stockholders in Metropolitan Opera and Real Estate Company, Appellants. Metropolitan Opera and Real Estate Company, Respondent.
    Argued October 27, 1942;
    decided December 3, 1942.

      John A. Wilson for Robert Goelet et al., appellants.

      Gerald B. O’Neill and William M. Chadbourne for F. Frazier Jelke, appellant.

      Theodore Kiendl, Leon Lauterstein and Melbourne Bergerman for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    East River Savings Bank, Plaintiff, v. Fee Simple Estates, Inc., Appellant, Impleaded with Others. Harry Gildin, Appellant; Francis L. Valente, as Receiver, etc., Respondent.
    Submitted October 29, 1942;
    decided December 3, 1942.

      Sidney Leichter and Abraham Leichter for appellant.

      Robert W. Bernard for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of D. Humes McLaughlin et al., as Executors of Thomas J. McLaughlin, Deceased, Respondents. Equitable Life Assurance Society of the United States et al., Appellants. Martha W. McLaughlin, as Executrix of Charles R. McLaughlin, Deceased, et al., Respondents.
    Argued October 8, 1942;
    decided December 3, 1942.

      James D. Ewing, William R. McDermott and Eugene Z. DuBose for Equitable Life Assurance Society of the United States, appellant.

      Albert Falck and Joseph W. Kirkpatrick for Corn Exchange Bank Trust Company, appellant and respondent.

      Sidney A. Clarkson, Bernard Cahn, Alfred Rathheim and Thomas C. Fogarty for respondents.
   Order affirmed, with costs, upon the ground that the insurer, by the payment of death benefits due under its contract of insurance, must be deemed to have waived all questions of law or fact, except fraud, relating to the contract and which, by the exercise of reasonable inquiry, might have been raised at the time of such payment or prior thereto (National Life Ins. Co. v. Minch, 53 N. Y. 144, 151; Mutual Life Ins. Co. v. Wager, 27 Barb. 354, 368, 369; and see Couch Cyclopedia of Insurance Law, vol. 8, § 1954, p. 6497). No opinion.

Concur: Lotjghran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J., on the ground that under the terms of the policy the amount of insurance payable at the death of the insured was calculated upon the basis of the statement of his age made for that purpose by the insured; that the insurer had no reason to question the truth of the statement and was entitled to rely upon it without independent inquiry and that a payment made in reliance upon that statement cannot constitute a waiver of any defense or claim that the insurer might have urged it if had been advised of the actual age of the insured.


text:
    The People of the State of New York, Appellant, v. David Hendrickson and John Peters, Respondents.
    Argued October 21, 1942;
    decided December 3, 1942.

      Edward J. Neary, District Attorney (Philip Huntington and Frank A. Gulotta of counsel), for appellant.

      James G. Blake and George E. Mulry for respondents.
   Orders affirmed; no opinion.

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


text:
    In the Matter of Conlew, Inc., Respondent, v. Barnet Baltowsky, Appellant.
    Argued October 23, 1942;
    decided December 3, 1942.

      Alexander Boskoff and I. Nathanson for appellant.

      Leonard G. Bisco and Robert E. Shortall for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    J. Weinstein & Sons, Inc., Respondent, v. City of New York, Appellant.
    Argued October 27, 1942;
    decided December 3, 1942.

      William C. Chanler, Corporation Counsel (Paxton Blair and Albert Cooper of counsel), for appellant.

      William Weisman and Bernard L. Baskin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Charles A. Buckley et al., Appellants, v. City of New York, Respondent.
    Argued October 28, 1942;
    decided December 3, 1942.

      Copal Mintz for appellants.

      William C. Chanler, Corporation Counsel (Seymour B. Quel and Bernard Newman of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Greater Pythian Temple Association of New York, Appellant, against William S. Miller et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents.
    Argued October 7, 1942;
    decided December 3, 1942.

      Abraham S. Gilbert and Nathan Ende for appellant.

      William C. Chanler, Corporation Counsel (Arthur A. Segall and Morris Handel oi counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Philip F. Roy, Appellant.
    Submitted October 21, 1942;
    decided December 3, 1942.

      James G. Blake and George E. Mulry for appellant.

      Edward J. Neary, District Attorney (Frank A. Gulotta of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    New Rochelle Water Company, Appellant, v. County of Westchester et al., Respondents.
    Argued October 22, 1942;
    decided December 3, 1942.

      Albert Ritchie for appellant.

      William A. Davidson, County Attorney (Francis J. Morgan of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Annie Clark, Appellant, v. Thomas E. Murray, as Receiver of the Interborough Rapid Transit Company, Respondent.
    Argued October 27, 1942;
    decided December 3, 1942.

      Adele I. Springer for appellant.

      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Thomas S. Deal and Alfred Deal, Appellants.
    Argued October 14, 1942;
    decided December 3, 1942.

      James Dempsey and Bartholomew A. Moynahan for appellants.

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

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


text:
    Lily-Tulip Cup Corporation, Appellant, v. Home Insurance Company, Respondent.
    Argued October 20, 1942;
    decided December 3, 1942.

      Milton C. Weisman and Melvin A. Albert for appellant.

      Abraham Kaplan and George I. Gross for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Minnesota Laundry Service, Inc., et al., Plaintiffs, v. Jacob Mellon et al., Defendants, and Charles Bartelotti et al., Respondents and Appellants. Meyer D. Siegel, Appellant and Respondent.
    Argued October 21, 1941;
    decided December 3, 1942.

      Meyer D. Siegel, appellant and respondent, in person.
   Mortimer H. Israel for defendants, respondents and appellants. Order affirmed, without costs; no opinion.

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


text:
    Harriet Friedling, an Infant, by Samuel Friedling, Her Guardian ad Litem et al., Respondents, v. Railway Express Agency, Inc., Appellant, Impleaded with Others.
    Argued October 22, 1942;
    decided December 3, 1942.

      Charles C. Evans and Nicholas F. Smith for appellant.

      Desmond T. Barry, Edward A. Shandell and Harry Fieldsteel for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Angelo Mendez, Appellant.
    Argued October 29, 1942;
    decided December 10, 1942.

      Rudolph Stand, Harold O. N. Frankel, Herman G. Schwarz, James C. Thomas and Isaac Fruchtman for appellant.

      Frank S. Hogan, District Attorney (Stanley H. Fuld and Manuel Lee Robbins of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    In the Matter of the Will of Frances P. Price, Deceased. Elmira College, Appellant; Wallace R. Foster, as Executor of Frances P. Price, Deceased, Respondent.
    Argued October 14, 1942;
    decided December 10, 1942.

      Clayton B. Lusk and Nathan Turk for appellant.

      James S. Truman for respondent.
   Order affirmed, with costs, on the ground that the weight of evidence sustains the findings. We pass on no other question. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Frank Castellano, Appellant.
    Argued October 30, 1942;
    decided December 10, 1942.

      John McKim Minton, Jr., Irving Seidman and Sylvester Cosentino for appellant.

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

Concur: Lehman, Ch. J., Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Loughran and Finch, JJ., on the ground the judgment of conviction is against the weight of the evidence.


text:
    Lawrence Calagna, Appellant, v. Sheppard-Pollak, Inc., et al., Respondents, Impleaded with Another.
    Reported below, 264 App. Div. 589.
    Submitted November 23, 1942;
    decided December 10, 1942.

      John Nielson, Jr., for motion.'
   No one opposed.

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


text:
    Edson Gillette, Appellant, v. Robert E. Allen et al., Respondents.
    Reported below, 264 App. Div. 599.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Oscar J. Brown for motion.

      Bertram D. Hummel and J. Norman Crannage 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:
    Josephine A. Harrington, Respondent, v. Robert P. Harrington Appellant.
    Reported below, 263 App. Div. 928.
    Submitted November 23, 1942;
    decided December 10, 1942.

      John J. Mclnnerney for motion.

      Edward D. Siemer opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion unless appellant within five days serves and files record on appeal, in which event the motion is denied.


text:
    In the Matter of the Estate of William Salzer, Deceased. Helen A. Maycrink, Appellant; Benjamin Salzer, as Executor of William Salzer, Deceased, Respondent.
    Reported below, 264 App. Div. 846.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Jacob Rappaport for motion.

      Emanuel Schwartz 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 Mary S. Burdak et al., Appellants. James F. Egan, as Public Administrator of the County of New York et al., Respondents.
    Reported below, 262 App. Div. 1000.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Joseph H. Stein for motion.

      Myer Meltsner and Theodore E. Wolcott opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion unless appellants, within ten days, serve and file case on appeal and pay ten dollars costs, in which event the motion is denied.


text:
    In the Matter of the Estate of George Fowler, Deceased. James R. Duncan et al., as Trustees under the Will of George Fowler, Deceased et al., Respondents; George W. Fowler, Appellant.
    Submitted November 23, 1942;
    decided December 10, 1942.
   Motion for reargument and to amend the remittitur denied. The costs are payable out of the annuity. (See 288 N. Y. 697.)


text:
    Bernard Schwartz, an Infant, by David Schwartz, His Guardian ad Litem et al., Respondents, v. Merola Bros. Construction Corporation, Appellant; Bank for Savings in the City of New York et al., Appellants and Respondents, and New Deal Terrazzo Company, Inc., Respondent.
    Reported below, 263 App. Div. 631.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Harry H. Lipsig and Albert Lee Singer for motion.

      George J. Stacy and Olin S. Nye opposed.
   Motion denied, with ten dollars costs.


text:
    Ralph B. Strassburger, Appellant, v. Singer Manufacturing Company et al., Respondents. May B. Strassburger et al., Appellants, v. Singer Manufacturing Company et al., Respondents.
    Reported below, 263 App. Div. 518.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Conn Cohalan, Daniel F. Cohalan, Jr., and Emil Morosini, Jr., for motions.

      Arthur Richenthal and A. Lincoln Lavine opposed.
   Motions granted.


text:
    Max S. Yuni, Appellant, v. Max Herscovitz, Respondent.
    Submitted November 23, 1942;
    decided December 10, 1942.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 548.)


text:
    United States Trust Company of New York, Appellant, v. Frederick T. Frelinghuysen et al., Respondents.
    Submitted November 23, 1942;
    decided December 10, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 288 N. Y. 463.)


text:
    Schuyler Hanson, Respondent, v. Queensboro Farm Products, Inc., Appellant.
    Reported below, 265 App. Div. 819.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Nathan A. Goldenthal for motion.

      Charles K. Finch opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the orders do not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Martha J. Stewart, Appellant. Charles A. Peacock, as Executor of Edward Pritchard, Deceased et al., Respondents.
    Reported below, 265 App. Div. 814.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Harry H. Oshrin for motion.

      Felix A. Muldoon and Edgar R. Mead 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:
    Moriz Oesterreicher, Respondent, v. Jacques Oesterreicher, Appellant.
    Submitted November 23, 1942;
    decided December 10, 1942.

      Edward J. Leon and Harold Weill for motion.

      Edgar J. Bernheimer and Sydney J. Schwarts opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of John Gerdes et al., as Trustees of Reynolds Investing Company, Inc., Appellants, against Carroll G. Walter, a Justice of the Supreme Court of the State of New York et al., Respondents.
    Reported below, 264 App. Div. 720.
    Argued November 23, 1942;
    decided December 10, 1942.

      Lawrence S. Greenbaum for motion.

      John Gerdes and Mary-Chase Clark opposed.
   Motion denied, without prejudice to a renewal upon argument of the appeal.


text:
    Harold L. Stevens, Appellant, v. Village of Endicott, Respondent.
    Submitted November 30, 1942;
    decided December 10, 1942.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 655.)


text:
    In the Matter of the Accounting of Giovanni del Drago et al., as Executors of Josephine del Drago, Deceased. Giovanni del Drago, Individually et al., Appellants; Byron Clark, Jr., as Executor et al., Respondents.
    Submitted November 30, 1942;
    decided December 10, 1942.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 601.)


text:
    In the Matter of the Estate of John T. Smith, Deceased. William H. Bishop et al., Appellants; Cecelia A. Bishop et al., Respondents.
    Submitted November 30, 1942;
    decided December 10, 1942.
   Motion for reargument of motions to dismiss appeal or for leave to appeal denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 679.)


text:
    John J. Claasen, Respondent, v. Edelbrau Brewery, Inc., Appellant.
    Reported below, 265 App. Div. 864.
    Submitted November 30, 1942;
    decided December 10, 1942.

      Bertrand Ettinger for motion.

      George Kent Weldon 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:
    2018 Seventh Ave., Inc., Respondent, v. Nach-Haus Leasing Corporation, Appellant.
    Reported below, 264 App. Div. 834.
    Submitted December 7, 1942;
    decided December 10, 1942.

      David Seid for motion.

      T. E. Purcell opposed.
   Motion denied. (See 289 N. Y. 490, 650.)


text:
    Third Avenue Railway Company et al., Respondents, v. Central Hanover Bank and Trust Company, as Trustee et al., Respondents, and Gustave G. Koppel et al., Appellants, Impleaded with Others.
    Argued October 28, 1942;
    decided December 11, 1942.

      Joseph M. Proskauer, Abraham L. Pomerantz and Edward M. Oarlock for appellants.

      Alfred T. Davison, Addison B. Scoville and David C. Keane, Jr. for plaintiffs, respondents.

      Eugene Untermyer and Milton E. Mermelstein for H. Alvin McAleenan et al., defendants, respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Anna R. Crossin, Appellant and Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Respondent and Appellant.
    Argued November 23, 1942;
    decided January 7, 1943.

      Harold Swain and Ralph A. Woodend for petitioner, appellant and respondent.

      William C. Chanler, Corporation Counsel (Leo Brown, Julius Isaacs and Max Berman of counsel), for Comptroller of city of New York, respondent and appellant.
   Order affirmed, without costs; no opinion.

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


text:
    Anna Honebein, Appellant, v. Village of Monticello et al., Respondents.
    Argued November 25, 1942;
    decided January 7, 1943.

      Ellsworth Baker for appellant.

      Bernard Wiess and Herman A. Machson for Village of Monticello, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for Opening and Extending East River Drive from Grand Street to Montgomery Street in the Borough of Manhattan. J. A. Kennedy Realty Corporation et al., Appellants.
    Argued November 24, 1942;
    decided January 7, 1943.

      William Dike Reed for appellants.

      William C. Chanter, Corporation Counsel (Alfred D. Jahr and Julius Isaacs of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Joseph Gedeon, Respondent, v. Daily Mirror, Inc., Appellant.
    Submitted November 25, 1942;
    decided January 7, 1943.

      Charles Henry for appellant.

      John Schulman and Alan S. Hays for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Louis J. Marasco, Appellant, against Frank E. Morse, as Acting Superintendent of the State Agricultural and Industrial School at Industry, et al., Respondents.
    Submitted November 23, 1942;
    decided January 7, 1943.

      Louis I. Bunis for appellant.

      John J. Bennett, Jr., Attorney-General (Clarence M. Maloney and Henry Epstein of counsel), for Frank E. Morse, et al., respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Harry Waldman, Appellant, v. Harry Greenberg, Respondent.
    Submitted November 23, 1942;
    decided January 7, 1943.

      Jacob M. Krarn for appellant.

      Daniel Tischler for respondent.
   Judgment affirmed, with costs, on the ground that the plaintiff failed to establish a cause of action. No opinion.

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


text:
    Waller N. Adams, Plaintiff, v. Clare M. Torrey et al., Individually and Doing Business as Thomas, Torrey & Griffith, Impleaded with T. & G. Assets Realization Corporation, Appellant, et al., Defendants. Walter M. Goldsmith et al., Comprising the Firm of Goldsmith, Jackson & Brock, Respondents.
    Argued November 24, 1942;
    decided January 7, 1943.

      Chauncey E. Treadwell and William Biel for appellant.

      Osmond K. Fraenkel, Arnold J. Brock and Charles H. Levitt for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    B. Indiviglio & Sons, a Copartnership, Composed of Benjamin Indiviglio et al., Appellants, v. Louis J. Miccio et al., Defendants, and Anderson Brick & Supply Co., Inc., Defendant-Respondent.
    Argued November 23, 1942;
    decided January 7, 1943.

      Louis Sanders and David A. Ferdinand for appellants.

      Morris Wagman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Simon Rytsis, Appellant.
    Submitted November 23, 1942;
    decided January 7, 1943.

      Leon Lang for appellant.

      Edward J. Neary, District Attorney (frank A. Gulotta of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    County Securities, Inc., Respondent, v. Warwick Properties, Inc., et al., Defendants and City of Mount Vernon, Defendant-Appellant.
    Argued November 30, 1942;
    decided January 7, 1943.

      Arthur H. Ellis, Corporation Counsel (Irving Libenson of counsel), for appellant.

      Arthur M. Laufer for respondent.

      Joseph W. Bryan for Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Westchester Mortgage and Title Company, et al., amicus curise in support of respondent.
   Judgments modified by deducting from the amount thereof all interest allowed for the breach prior to the commencement of the present action, and as so modified, affirmed without costs. No opinion.

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