text:
    The People of the State of New York, Respondent, v. Charles Varelli, Appellant.
    Submitted January 5, 1951;
    decided March 1, 1951.

      Donato Di Palo and Harry Silver for appellant.

      Miles P. McDonald, District Attorney (David Diamond of counsel), for respondent.
   Order affirmed; no opinion.

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


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of the Arbitration between Packard Fabrics, Inc., Respondent, and Deering Milliken & Co., Incorporated, Appellant. In the Matter of the Arbitration between Deering Milliken & Co., Incorporated, Appellant, and Packard Fabrics, Inc., Respondent.
    Argued January 10, 1951;
    decided March 1, 1951.

      Stuart N. Updike and Edward M. Maher for appellant.

      Chester A. Lessler and Leonard Holland for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Vincent L. Falotico et al., Appellants, against Andrew G. Clauson et al., Constituting the Board of Education of the City of New York, Respondents. In the Matter of Benjamin Harris, Appellant, against Andrew G. Clauson et al., Constituting the Board of Education of the City of New York, Respondents.
    Argued November 13, 1950;
    decided March 1, 1951.

      John F. X. Browne for appellants.

      John P. McGrath, Corporation Counsel (Morris Weissberg, Seymour B. Quel and Michael A. Castaldi of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of the Estate of Tom Rees, Deceased. In the Matter of the Accounting of W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased. Trustees of Bryn Seion Welsh Congregational Church et al., Appellants; W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased, et al., Respondents.
    Argued November 20, 1950;
    decided March 1, 1951.

      jRobert W. Owens, Jr., Edward S. Bentley and Sperry Butler for appellants.

      Alfred Bathheim, Morris Buchter, Harold M. Hoffman and Alvin L. Kassel for W. Clifford Roderick, respondent.

      James E. Bennet, Jr., for Elizabeth A. Morgan and another, respondents.
   Order modified to the extent of crediting the sum of $100 paid from estate funds to purchase Lettice Davies’ legacy, and, as so modified, affirmed, with costs and printing disbursements in all courts to the appellants payable out of the estate. No opinion.

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


text:
    In the Matter of Georg Jensen, Inc., Appellant. Hammer Galleries, Inc., Respondent.
    Submitted February 26, 1951;
    decided March 1, 1951.

      Hancock Griffin, Jr., and Francis 8. Bensel for motion.

      Jay Leo Rothschild for respondent.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Richard John Joseph Power and John Joseph King, Appellants.
    Submitted February 26, 1951;
    decided March 1, 1951.
   Motion for reargument, or, in the alternative, to amend the remittitur denied. [See 302 N. Y. 572.]


text:
    The People of the State of New York ex rel. Raymond Martinez Fernandez, Relator, Appellant, against Wilfred L. Denno, as Warden of Sing Sing Prison, Respondent. The People of the State of New York ex rel. Martha Jule Beck, Relator, Appellant, against Wilfred L. Denno, as Warden of Sing Sing Prison, Respondent.
    Argued March 7, 1951;
    decided March 7, 1951.

      William Richter and Robert W. Hicks of Washington, D. C., for Raymond Martinez Fernandez, appellant.

      Herbert Rosenberg for Martha Jule Beck, appellant.
   Order affirmed. We now have before us the original papers that were submitted to the court on January 15,1951, the return day of the motion to fix the date of execution of the sentences that had been previously imposed upon the defendants. In the case of Martha Jule Beck the motion papers have upon them this entry: “ Copy received January 4, 1951 Herbert E. Rosenberg, Atty for Martha Jule Beck ”. In the case of Raymond Martinez Fernandez the entry is: ‘ ‘ Copy Received John McKim Minton, Attorney representing defendant on his appeal in the Court of Appeals. Jany 4, 1951.” There was, however, no appearance by counsel for either defendant.

Before we decided that motion to fix the date of execution of the sentences, we gave careful consideration to the question argued by counsel here today. We also then examined the relevant authorities, some of which were called to the attention of counsel earlier this afternoon. We were then thoroughly persuaded that the challenged statute was neither a denial of due process nor an ex post facto law. We are still of that opinion. Accordingly, we affirm the order made March 7, 1951, by the Supreme Court in Westchester County. We affirm that order in the case of People of the State of New York ex rel. Raymond M. Fernandez v. Wilfred L. Denno, Warden of Sing Sing Prison, Ossining, New York, and in the case of People ex rel. Martha Jule Beck v. Wilfred L. Denno, Warden of Sing Sing Prison, Ossining, New York. No opinion.

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


text:
    Harold Young, Appellant, v. Edelbrew Brewery, Inc., Respondent.
    Argued January 12, 1951;
    decided March 8, 1951.

      Alfred 8. Julien, Zarah Williamson and Arthur D. Spatt for appellant.

      Bertrand Ettinger for respondent.
   Judgment of Appellate Division reversed and a new trial granted, with costs to abide the event, upon the ground that there was evidence sufficient to present to the jury the question of fact whether Goldstein, in procuring plaintiff’s arrest, was acting within the scope of his authority as an officer of the defendant corporation and in furtherance of its interests. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fund and Froessel, JJ.


text:
    In the Matter of the Claim of Anne Lewis, on Account of the Death of Charles Lewis, Respondent, against River Crest Sanitarium Company et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted January 17, 1951;
    decided March 8, 1951.

      Bernard F. Farley for appellants.

      Nathaniel L. Goldstein, Attorney-General (Theodore M. Schwarts and Boy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Frank Erickson, Appellant, against Albert Williams, as Commissioner of Correction, et al., Respondents.
    Argued February 26, 1951;
    decided March 8, 1951.

      . Harold H. Corbin, Edward J. Bennett and David E. Pitcher, Jr., for appellant.

      John P. McGrath, Corporation Counsel (Saul Moshoff and Seymour B. Quel of counsel), for respondents.

      Rudolph Halley, Chief Counsel (David Í. Shivitz of counsel), for Special Committee to Investigate Organized Crime in Interstate Commerce.
   Order affirmed; no opinion.

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


text:
    Guaranty Trust Company of New York, as Trustee under the First Consolidated Mortgage of Rio Grande Western Railway Company, Respondent, and Julius Klorfein, Intervener, Respondent, v. Chase National Bank of the City of New York, as Trustee under the Refunding and Improvement Mortgage of Denver and Rio Grande Western Railroad Company, et al., Respondents, and Harold S. Baird, Intervener, Appellant.
    Argued January 15, 1951;
    decided March 8, 1951.

      William E. Haudek for appellant.

      Theodore Kiendl, Edwin 8. 8. Sunderland, Porter R. Chandler and Russel 8. Coutant for plaintiff-respondent.

      Bernard D. Fisehman for intervener-respondent.

      Orville W. Wood for Chase National Bank of the City of New York, defendant-respondent.

      Edward E. Watts, Jr., and John B. Marsh for City Bank Farmers Trust Company, defendant-respondent.

      Cravath, Swaine S Moore for Kaiser Steel Corporation, amicus curiae, in support of respondents’-position.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Appointment of a Committee of the Person and Property of Harriet Schermerhorn, an Alleged Incompetent, Respondent. Carmel T. Basile, Appellant; Christine T. Power et al., Respondents.
    Argued January 17, 1951;
    decided March 8, 1951.

      Paul O’Dwyer and Fred 0. Moritt for appellant.

      Vermont Hatch, Joseph M. Hartfield, J. Adam Murphy and David Hartfield, Jr., for Harriet P. Schermerhorn, respondent.

      Thomas I. Sheridan for Christine T. Power, respondent. .

      John F. Nixon for Frances L. Wierdsma, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Continental Bank & Trust Company, as Trustee, Respondent, v. Tanager Construction Corporation, Appellant.
    Argued January 16, 1951;
    decided March 8, 1951.

      Samuel Sumner Goldberg and Jerome S. ZurJcow for appellant.

      George G. Demás for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fxtld and Fboessel, JJ.


text:
    In the Matter of the Claim of Claude Hawes, Respondent, against Gerhard Lang Brewery et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted January 17, 1951;
    decided March 8, 1951.

      Arnold La Guardia for appellants.

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

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


text:
    In the Matter of the Probate of the Will of John Winters, Deceased. John M. Winters, Appellant; Henry Winters et al., Respondents.
    Argued November 16, 1950;
    decided March 8, 1951.

      Herbert A. Trebing for appellant.

      Irving A. Isaacs for Henry Winters and others, respondents.

      George H. Berman, respondent in person.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Feoessel, JJ. [See 302 N. T. 845.]


text:
    Seafire, Incorporated, Respondent, v. H. Ward Ackerson et al., Appellants.
    Argued January 2, 1951;
    decided March 8, 1951.

      Eugene A. Sherpick, Edgar F. Haselton and Richard T. Davis for Suffolk County and another, appellants.

      Guy O. Walser and Howard J. Grace for H. Ward Ackerson and others, appellants.

      Kenneth W. Greenawalt and Charles E. Lapp, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran Ch. J., Lewis, Conway, Dye and Froessel, JJ.; Desmond and Fuld, JJ., dissent in part and vote to modify the judgment appealed from and to grant judgment in favor of defendants dismissing the third and fourth alleged causes of action, on the ground that the failures of the taxing authorities to comply with statutory requirements in connection with the 1940-41 taxes were not jurisdictional defects rendering the sale for those taxes void, since plaintiff duly and personally received a bill from the collector for the 1940-41 taxes, paid half thereof and admittedly failed to pay the other half not by reason of lack of any notice or knowledge but because of its own inadvertence.


text:
    Leo Burdick et al., Individually and as Copartners Doing Business under the Name of Beacon Inn, Appellants and Respondents, v. State of New York, Respondent and Appellant.
    (Claim No. 28910.)
    Argued January 12, 1951;
    decided March 8, 1951.

      Albert E. Hollis, Harold F. Lieb and John W. Hollis for appellants and respondents.

      Nathaniel L. Goldstein, Attorney-General (Ronald E. Coleman and Wendell P. Brown of counsel), for respondent and appellant.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of Arthur F. Carruthers et al., Respondents, against Board of Superintendents of the Board of Educacation of the City of New York et al., Appellants.
    Argued January 4, 1951;
    decided March 8, 1951.

      John P. McGrath, Corporation Counsel (Arthur H. Kahn and Seymour B. Quel of counsel), for appellants.

      Samuel D. Smoleff for Citizens Union of the City of New York, amicus curiae, in support of appellants’ position.

      Shad Polier and Louis H. Poliak for Public Education Association and others, amici curice, in support of appellants’ position.

      A. Mark Levien for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loijghrax, Ch. J., Lewis, Coxway and Froessel, JJ.; Desmond, Dye and Fuld, JJ., dissent in the following memorandum: Section 2520 of the Education Law limits eligibility for the position of director of the bureau of attendance to those in a lower supervisory grade in that bureau. In our view, however, it does not — and cannot constitutionally (N. Y. Const., art. V, § 6) — compel the appointing power — here the board of superintendents of the New York City board of education — to select a person who, in the reasonable judgment of the board, and based upon a proper and permissible noncompetitive examination,\is not qualified to fill such a position. Accordingly, we find no basis or warrant for an order mandating the board to make an appointment from among a group deemed by it to be unqualified. We would reverse the order and dismiss the petition.


text:
    In the Matter of John Leidman, on Behalf of Himself and All Other Employees Similarly Situated, Respondent, against William Reid et al., Constituting the Board of Transportation of the City of New York, et al., Appellants.
    Argued January 16, 1951;
    decided March 8, 1951.

      John P. McGrath, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for appellants.

      Charles Belous and Irving Lemov for respondent.
   Appeal dismissed, without costs, upon the ground that the question certified is not decisive of the correctness of the order of the Appellate Division. No opinion.'

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


text:
    George J. Feinberg et al., Copartners Trading under the Name of Concord Chenille Co., Appellants, v. Barry Equity Corp., Respondent.
    Submitted January 9, 1951;
    decided March 8, 1951.

      Louis Okin for appellants.

      Stanley Bogart and Murray I. Sommer for respondent.
   Judgment affirmed, with costs; no opinion. (See Raven Elec. Co. v. Linzer, 302 N. Y. 188, decided herewith.)

Concur: Loughbae, Ch. J., Lewis, Coeway, Desmoed, Dye, Fuld and Froessel, JJ.


text:
    Western National Insurance Company, Appellant, v. Haph Brokerage, Inc., Respondent.
    Argued January 11, 1951;
    decided March 8, 1951.

      Arthur W. Clement and George S. Brengle for appellant.

      Abraham Kaplan and George 1. Gross for Eastern Underwriters Association, amicus curiae, in support of appellant’s position.

      Emanuel D. Finkelman for respondent.

      Lawrence Pomeroy and Elmer Warren Sawyer for Insurance Brokers’ Association of New York, Inc., amicus curiae, in support of respondent’s position.

      Henry H. Abrams, Joseph Bleich and Benjamin M. Haber for Brooklyn Insurance Brokers Association Inc., amicus curiae, in support of respondent’s position.
   Judgment affirmed, with costs. (See A. S. B. Ins. Co. v. Anderson, 130 N. Y. 134; Indemnity Ins. Co. of N. A. v. Ryan Co., 242 App. Div. 623, motion for leave to appeal denied 266 N. Y. Iv.) No opinion.

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


text:
    In the Matter of the Claim of Harry Block, Respondent, against Oldsmobile North Shore Motor Sales Corporation et al., Appellants. Workmen's Compensation Board, Respondent.
    Argued January 17, 1951;
    decided March 8, 1951.

      Herbert F. Hastings, Jr., and Florence G. Mann for appellants.

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

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


text:
    In the Matter of the Claim of Mary A. Long, Appellant, against City of New York, Respondent. State Insurance Fund et al., Respondents.
    Argued January 15, 1951;
    decided March 8, 1951.

      Jeannette H. Harris and Samuel A. Bloom for appellant.

      John P. McGrath, Corporation Counsel (Joseph J. Lucchi, Seymour B. Quel and Stanley Buchsbaum of counsel), for City of New York, respondent.

      Bernard Katsen, General Attorney (George J. Hayes and Victor Fiddler of counsel), for State Insurance Fund, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Bertram R. Smith et al., Appellants, v. Western Union Telegraph Company et al., Respondents.
    Argued January 17, 1951;
    decided March 8, 1951.

      Edward B. Finch, Osmond K. Fraenhel, Arthur Garfield Hays, Seymour M. Heilbron, John Schulman and Irwin Karp for appellants.

      Timothy N. Pfeiffer and Rebecca M. Cutler for Western Union Telegraph Company, respondent.

      John H. Waters, Clarence W. Roberts and William G. H. Acheson for Gold and Stock Telegraph Company, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Hotel McAlpin, Inc., et al., Appellants.
    Argued January 18, 1951;
    decided March 8, 1951.

      Charles W. Merritt and Parker McCollester for appellants.

      Frank 8. Hogan, District Attorney (William Hoppen of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Etheridge Midgett, Appellant, v. Barney Mastropoalo, Doing Business as Barney's Trailer Service, Respondent.
    Submitted January 2, 1951;
    decided March 8, 1951.

      Alex Gangel for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Angelina Di Scala, as Administratrix of the Estate of Onniello Di Scala, Appellant, v. Oivind Lorentzen, as Director of Shipping & Curator for the Royal Norwegian Government Operating as a Norwegian Shipping and Trade Mission, Respondent.
    Decided March 8, 1951.

      Robert Klonshy and Jacob Rassner for appellant.

      James M. Estabrooh and Walter A. Darby, Jr., for respondent.
   Appeal withdrawn, without costs.


text:
    Joseph D. Wheeler, Respondent, v. John Piscina et al., Individually and as Copartners Doing Business under the Name of Trailer Rental Co., Defendants and Third-Party Plaintiffs-Respondents. United States Casualty Company, Third-Party Defendant-Appellant.
    Submitted January 15, 1951;
    decided March 9, 1951.

      Julius Wolf son for motion.

      Frederick Mellor opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Saint Nicholas Cathedral of the Russian Orthodox Church in North America, Appellant, v. John Kedroff and Benjamin Fedchenkoff, as Archbishop of the Archdiocese of North America and the Aleutian Islands of the Russian Orthodox Greek Catholic Church, Respondents.
    Submitted January 15, 1951;
    decided March 9, 1951.
   Motion for reargument denied. Motion to amend the remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon this appeal there was presented and necessarily passed upon a question under the Constitution of the United States, viz. : whether article 5-C of the Religious Corporations Law, as construed by this court, violated any rights of the defendants guaranteed by the First and the Fourteenth Amendments to the Constitution of the United States. This court held that the aforesaid statute did not violate any of the rights of the defendants guaranteed by those amendments to the Constitution of the United States. [See 302 N. Y. 1.]


text:
    Robert R. Stevenson, Appellant and Respondent, v. News Syndicate Co., Inc., Respondent and Appellant.
    Submitted January 19, 1951;
    decided March 9, 1951.
   Motion for reargument, or, in the alternative, for clarification of the opinion, denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 81.]


text:
    Richard Natoli, an Infant, by Frances Natoli, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of Norwich, New York, Union Free School District No. 1, Appellant. In the Matter of Richard Natoli, an Infant, by Frances Natoli, His Guardian ad Litem, et al., Respondents, against Board of Education of the City of Norwich, New York, Union Free School District No. 1, Appellant.
    Submitted February 26, 1951;
    decided March 9, 1951.

      David F. Lee, Jr., for motion.

      Janet W. Hill opposed.
   Motion denied, with $10 costs and necessary printing disbursements, upon the ground that an appeal lies as of right.


text:
    Philip Grossman, Appellant, v. Aaron J. Schindel et al., Copartners Doing Business under the Name of Domestic Mills, Respondents. Aaron J. Schindel et al., Copartners Doing Business under the Name of Domestic Mills, Plaintiffs, v. Philip Grossman, Defendant.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Ephraim S. London, William H. Lundin and Seymour M. Burg for motion.

      Jerome F. Katz and Eugene L. Bondy opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Samuel W. Corwin et al., Appellants, against Thomas F. Farrell et al., Constituting the New York City Housing Authority, et al., Respondents.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Irving Wise and Gerald J. Carey for motion.

      Sanford Solars opposed.
   Motion denied, with leave to renew upon the argument.


text:
    In. the Matter of the Application of the People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance of the State of New York, for an Order to Take Possession of the Property of and Rehabilitate the Bond and Mortgage Guarantee Company. In the Matter of the Plan of Readjustment of the Rights of the Holders of Investments in a Mortgage Covering Premises Known as Half Moon Hotel, Coney Island, Brooklyn, Guaranteed by Bond and Mortgage Guarantee Company. (Guarantee No. 186,039.) Jack L. Albert et al., Appellants and Respondents; Walter McMeekan, as Trustee, et al., Respondents and Appellants.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Samuel H. Bossman for motion.

      Leo E. Sherman, William I. Alpert and Abraham Alpert opposed.
   Motions granted and appeals dismissed, with costs and $10 costs of motion to respondents-appellants, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Charles Humbeutel, as Executor of Anna Humbeutel, Deceased, Appellant, v. Harvey Humbeutel, Respondent.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Stuart Edward Levison for motion.

      Edward Scherer and Sidney E. Friedman opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of the Probate of the Will of Richard M. Schell, Deceased. Alice S. Porcher, Appellant; Bank of New York and Fifth Avenue Bank, Individually and as Executor of and Trustee under the Will of Richard M. Schell, Deceased, et al., Respondents.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Thomas B. Fenlon, Stanley Gray Horan and Conrad Saxe Keyes for motion.

      Glenn L. Buch opposed.
   Motions granted and appeal dismissed, with costs and $10 costs of motion, but without prejudice to an application to the Appellate Division for resettlement of the order granting leave to appeal in accordance with section 589 of the Civil Practice Act. [See 302 N. Y. 771.]


text:
    Alice S. Porcher, Appellant, v. Charles A. Frueauff, Respondent, et al., Defendants. Charles A. Frueauff, Defendant and Third-Party Plaintiff, v. Bank of New York and Fifth Avenue Bank, Third-Party Defendant.
    Submitted February 26, 1951;
    decided March 9, 1951.

      James P. Farrell, Thomas F. Daly and Thomas B. Fenlon for motion.

      Glenn L. Buch opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of the Construction of the Will of Samuel Bluestein, Deceased. Murray Goodman et al., as Executors of Samuel Bluestein, Deceased, Appellants; Rose Bluestein, Respondent.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Harold M. Weinberg for motion.

      Ilo Orleans opposed.
   Motion denied.


text:
    New York Egg Auction, Inc., Respondent, v. William Schechter, as Trustee in Bankruptcy of Ira M. Zucker, Appellant.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Leon Quat for motion.

      Michael Berman opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Walter La Frantz, Appellant.
    Submitted February 26, 1951;
    decided March 9, 1951.

      John P. McGrath, Corporation Counsel (Henry J. Shields of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    Anne G. Long, Appellant, v. Hugh W. Long, Respondent.
    Submitted February 26, 1951;
    decided March 9, 1951.

      William J. Rapp for motion.

      Leo T. Kissam opposed.
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of the Claim of Teresa Baker, Respondent, against L. J. Martirano et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Joseph D. Edwards for motion.

      Nathaniel L. Goldstein, Attorney-General (Daniel Polanshy and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the moving papers were not filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    In the Matter of the Claim of Joseph A. Baduski, Respondent, against S. Gumpert Co., Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Joseph D. Edwards for motion.

      Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the moving papers were not filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Felipe Neri et al., Plaintiffs, and Casimir Pamia et al., Appellants, v. Harry Lundeberg, as President, Defendant, and Paul Hall, as Treasurer of Seafarer’s International Union of North America, Atlantic & Gulf District, Respondent.
    Submitted February 26, 1951;
    decided March 9, 1951.

      Jerome GolenbocTc for motion.

      Seymour W. Miller opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the moving papers were not filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Jessie S. Perkins, as Executrix of William A. Schenck, Deceased, Respondent, v. Joseph Meyer, Jr., et al., Appellants.
    Submitted February 26, 1951;
    decided March 9, 1951.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 139.]


text:
    Dae Mfg. Co., Inc., et al., Appellants, v. Frank A. Galante et al., Respondents.
    Submitted March 5, 1951;
    decided March 9, 1951.
   Motion for reargument, or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 607.]


text:
    The People of the State of New York, Respondent, v. Carl Jacob Kunz, Appellant.
    Submitted March 5, 1951;
    decided March 9, 1951.
   Motion for reargument, or, in the alternative, to amend the remittitur granted to the extent that we recall our remittitur, and when returned, amend it so as to reverse the judgment, and order the fine remitted and the information dismissed. [See 300 N. Y. 273.]


text:
    The People of the State of New York, Respondent, v. Irving Schurman, Appellant.
    Argued February 28, 1951;
    decided April 5, 1951.

      Julian G. Tepper and James L. Walter for appellant.

      Herman Methfessel, District Attorney (Alfred J. Cawse, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Bernard E. Mulligan, Respondent, v. New York Athletic Club of the City of New York, Appellant.
    Argued March 1, 1951;
    decided April 5, 1951.

      John P. Carson, Reginald V. Spell and Harold Schaffner for appellant.

      Joseph H. Sand, Samuel L. Sargent and Bernard Meyer son for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Lewis, J., dissents and votes to reverse the judgments and to dismiss the complaint upon the ground that the plaintiff was guilty of contributory negligence as a matter of law.


text:
    George F. Haggerty, Appellant, v. Harold D. Watson et al., Individually and as Copartners under the Name of Watson, Kristeller and Swift, Respondents.
    Submitted February 27, 1951;
    decided April 5, 1951.

      Bernard Meyerson and Alexander Vitale for appellant.
    ' Ralph K. Jacobs, Jr., and Ralph K. Jacobs for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Richard C. Schauffert, Appellant.
    Argued February 27, 1951;
    decided April 5, 1951.

      Samuel Resnicoff for appellant.

      Charles P. Sullivan, District Attorney (Howard R. Lonergan of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lottghran, Ch. J., Lewis, Desmond, Dye and Fuld, JJ.; Conway and Froessel, JJ., dissent upon the ground that the guilt of the defendant was not established beyond a reasonable doubt.


text:
    Consolidated Edison Company of New York, Inc., Appellant, v. State of New York, Respondent. New York Telephone Company, Appellant, v. State of New York, Respondent. Brooklyn Union Gas Company, Appellant, v. State of New York, Respondent.
    (Claim No. 29000.)
    (Claim No. 29001.)
    (Claim No. 29002.)
    Argued February 28, 1951;
    decided April 5, 1951.

      Jacob H. Goetz and Henry 8. Reeder for Consolidated Edison Company of New York, Inc., appellant.

      Frank A. Fritz, Ralph W. Brown and A. T. Antinozzi for New York Telephone Company, appellant.

      Edmund B. Naylon and George Foster, Jr., for Brooklyn Union Gas Company, appellant.

      Nathaniel L. Goldstein, Attorney-General' (Daniel M. Cohen and Wendell P. Brown of counsel), for respondent.
   In each case: Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Joseph Dell’ Aquila, Appellant, against Alger B. Chapman, as Commissioner of Taxation and Finance, et al., Respondents.
    Submitted February 27, 1951;
    decided April 5, 1951.

      Anthony J. Dell’Aquila for appellant.

      Nathaniel L. Goldstein, Attorney-General (Ruth Kessler Toch and Wendell P, Brown of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Manhattan Savings Bank, Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents.
    Submitted February 28, 1951;
    decided April 5, 1951.

      Edward F. Butter for appellant.

      John P. McGrath, Corporation Counsel (James J. McGowan, Imre Schwarz and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Sohvi Laakso, as Administratrix of the Estate of Arvo Laakso, Deceased, Appellant, v. Thadeus Jablonowski, Respondent.
    Submitted January 4, 1951;
    decided April 5, 1951.

      Samuel Cooperman for appellant.

      Harry P. Rich for respondent.
   Appeal withdrawn, without costs or disbursements. No opinion. [See Laakso v. Jablonowski, 302 N. Y. 726.]

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


text:
    Margaret L. M. Bailey, as Administratrix of the Estate of Franklin E. Bailey, Deceased, Respondent, v. Bethlehem Steel Company, Appellant.
    Argued Febraury 26, 1951;
    decided April 5, 1951.

      John F. X. Finn, Norman G. Mendes and Carmelo J. Pernicone for appellant.

      Joseph R. Choate, Jr., Warner Pyne, Joseph R. Choate, 3d, and William A. Moore for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Rosalie G. Jones, Individually and as Executrix and Trustee under the Will of Mary E. Jones, Deceased, Respondent, v. Incorporated Village of Lloyd Harbor et al., Appellants.
    Argued February 27, 1951;
    decided April 5, 1951.

      Jackson A. Dykman, Ralph W. Grolly and Dimitri G. 8. Eristoff for appellants. ■
    No appearance for respondent.
   Order affirmed, without costs. Question certified answered in the affirmative. No opinion.

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


text:
    Dorothy W. Layton, Appellant, v. A. I. Namm & Sons, Inc., et al., Respondents.
    Argued February 27, 1951;
    decided April 5, 1951.

      Seymour S. Detshy for appellant.

      A. Eayne de Yampert and Raymond S. Blessing for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fund and Froessel, JJ.


text:
    Virginia K. Bullis, an Infant, by Howard B. Bullis, Her Guardian ad Litem, et al., Appellants, v. Schuyler Heights, Inc., Respondent.
    Argued February 28, 1951;
    decided April 5, 1951.

      John T. De Graff, William F. Conway and John J. Kelly, Jr., for appellants.

      Charles B. Sullivan and James J. Carroll for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froesseu, JJ.


text:
    Tillie Eiferman et al., Appellants, v. City of New York, Defendant. Dr Lorenzo & Alfert, Respondents.
    Submitted February 27, 1951;
    decided April 5, 1951.

      A. H. Waismcm and Leo Genser for appellants.

      Harry M. Alfert for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Sohvi Laakso, as Administratrix of the Estate of Arvo Laakso, Deceased, Appellant, v. Thadeus Jablonowski, Respondent.
    Submitted March 9, 1951;
    decided April 5, 1951.

      Samuel Gooperman for motion.

      Harry P. Rich opposed.
   Motion granted, without costs or disbursements. [See 302 N. Y. 716.]


text:
    John F. White, as Administrator of the Estate of Donald J. White, Deceased, Appellant, v. City of New York, Respondent.
    Argued March 1, 1951;
    decided April 5, 1951.

      Benjamin E. Siff and Sidney B. Siben for appellant.

      John P. McGrath, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.
   Order of the Appellate Division, insofar as it reverses the order of the Special Term permitting service of a new notice of claim, affirmed. Appeal from the order of the Appellate Division, insofar as it reverses the order of the Special Term permitting discontinuance of the action, dismissed on the ground that that part of the order does not finally determine the action within the meaning of the Constitution. No costs. No opinion.

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


text:
    Harold E. Griffin, Respondent, v. Lamport Realty Company, Inc., Appellant, et al., Defendants.
    Argued March 7, 1951;
    decided April 12, 1951.

      Andrew F. Van Thun, Jr., David H. Gilmartin and Herbert Boeder for appellant.

      Guy O. Walser and Andrew J. Boylan for respondent.

      Harold Ashare for Town of Brookhaven, amicus curiae, in support of respondent’s position.

      Fred J. Munder, County Attorney (Martin Mellstrom of counsel), for County of Suffolk, amicus curiae, in support of respondent’s position.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. [See 302 N. Y. 841.]


text:
    Fara Investors, Inc., Appellant, v. Morris Lourie et al., Respondents.
    Argued March 5, 1951;
    decided April 12, 1951.

      Henry N. Bapaport, Bobert 8. Gar son and John F. X. Hassett for appellant.

      Morton A. Bernstein for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loitghran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. [See 302 N. Y. 880.]


text:
    Alvah Armstrong, Appellant, v. Harry J. Towner, as Ancillary Administrator of the Estate of Elizabeth S. Germain, Deceased, et al., Respondents.
    Argued March 8, 1951;
    decided April 12, 1951.

      Wilbur F. Knapp for appellant.

      Alton J. Wightman for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Earl Joseph Yoker, Appellant.
    Argued March 8, 1951;
    decided April 12, 1951.

      Edmund, dynes for appellant.

      darence J. Henry, District Attorney (Nicholas P. Varían of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Capitol Wine & Spirit Corp., Appellant, v. Louis I. Pokrass et al., Respondents, et al., Defendants.
    Argued March 6, 1951;
    decided April 12, 1951.

      Barney B. Fensterstock, Harry Zalkin and Israel Akselrod for appellant.

      William G. Mulligan, Lewis B. Greenbaum and Edwyn Silberling for Louis I. Pokrass and others, respondents.

      Thomas Kiernan and Philip H. Weeks for Harry Davis, amicus curiae, in support of respondents’ position.
   Judgment and order affirmed, with costs, upon the ground that section 61 of the General Corporation Law is a bar to toe maintenance of this action. Second question certified answered in the negative. Other questions certified not answered. No opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ. [See 302 N. Y. 840.]


text:
    Johanna W. Roller, Individually and as Administratrix of the Estate of Albert H. Roller, Deceased, et al., Respondents, v. Frank Stanly, Appellant.
    Argued March 7, 1951;
    decided April 12, 1951.

      Irving L. Weishar for appellant.

      Joseph Perlstein and Anthony Barbiero for respondents.
   Orders reversed and motion for summary judgment dismissing the complaint granted, with costs in all courts, upon the ground that, under the circumstances, here present, defendant was not guilty of any actionable misrepresentation and did not violate any fiduciary duty in his purchase of the assets of the partnership. Question certified answered in the negative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fund and Feoessel, JJ,


text:
    The People of the State of New York, Respondent, v. Michael Pellegrino, Appellant.
    Argued March 9, 1951;
    decided April 12, 1951.

      Judah B. Klein and K. Karl Klein for appellant.

      Miles F. McDonald, District Attorney (Frank Di Lalla of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of William B. Otis et al., Appellants, against Board of Higher Education of the City of New York, Respondent. In the Matter of Roger A. Johnson et al., Appellants, against Board of Higher Education of the City of New York, Respondent. In the Matter, of Justin H. Moore et al., Appellants, against Board of Higher Education of the City of New York, Respondent. In the Matter of Martin Meyer, Appellant, against Board of Higher Education of the City of New York, Respondent.
    Argued March 6, 1951;
    decided April 12, 1951.

      A. Mark Levien for appellants.

      JohnP. McGrath, Corporation Counsel (Sidney P. Nadel and Seymour B. Quel of counsel), for respondent.
   Orders affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Puld and Fboessel, JJ.


text:
    Thomas Ryan et al., Appellants, v. Joseph Simons, as President of Newspaper and Mail Deliverers’ Union of New York and Vicinity, an Unincorporated Association, et al., Respondents.
    Argued January 18, 1951;
    decided April 12, 1951.

      Arthur G. Warner and James E. Birdsall for appellants.

      Samuel Dulcer for Newspaper and Mail Deliverers’ Union of New York and Vicinity, respondent.

      John B. Schoemer, Jr., and John S. Bainbridge for News Syndicate Co., Inc., respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 302 N. Y. 847.]


text:
    Harry P. Barrand, Appellant, v. John J. Quinn et al., Respondents.
    Argued March 8, 1951;
    decided April 12, 1951.

      Theodore G. Boimey for appellant.

      James M. Ryan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Field and Froessel, JJ.


text:
    Robert Binder, Respondent, v. Samuel Marcus, Appellant.
    Argued March 5, 1951;
    decided April 12, 1951.

      Neilson Olcott and Norman Both for appellant.

      Frank Aranow, Lawrence D. TJnger and Sylvia Weber for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ.; Froessel, J., dissents upon the ground that paragraph sixth of the agreement between the parties specifically provides that the stock of the corporation shall be issued “ upon the consummation of this agreement ” and not merely upon payment of the purchase price.


text:
    Joseph C. Inkpen, Appellant, v. Safeway Steel Scaffolds Supply Corp., Respondent.
    Argued March 6, 1951;
    decided April 12, 1951.

      Bernard Meyer son, Melvin Sachs and Marry M. Lipsig for appellant.

      Alexander Orr, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loetghran, Ch. J., Lewis, Conway, Desmqnd, Dye, Fuld and Froessel, JJ.


text:
    The People of the State of New York ex rel. Sloyer-Forman, Inc., Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued March 7, 1951;
    decided April 12, 1951.

      Charles Lamb and Jesse II. Barkin for appellant.

      John P. McGrath, Corporation Counsel (Edith I. Spivack, Imre Schwarz and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Matilda Vissa, Respondent, against Robert Williamson, Respondent, and Standard Accident Insurance Company, Appellant. Workmen’s Compensation Board, Respondent.
    Argued March 7, 1951;
    decided April 12, 1951.

      Reid A. Curtis for appellant.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Wendell P. Brown of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs to the Workmen’s Compensation Board. No opinion.

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


text:
    In the Matter of John W. Harris et al., Infants, by Irving D. Harris, Their Guardian ad Litem, Appellants, to Compel an Accounting by Guaranty Trust Company of New York, as Substituted Trustee, etc., Respondent. In the Matter of the Accounting of Guaranty Trust Company of New York, as Substituted Trustee of the Trust Created by Jean Ferris, as Settlor, and Guaranty Executor and Trustee Company, Limited, as Trustee. Thomas B. Gilchrist, as Ancillary Executor of Jean F. d’Espinay-Durtal, Deceased, Appellant; Charles L. d’Espinay-Durtal et al., Respondents.
    Argued March 2, 1951;
    decided April 12, 1951.

      Charles H. Tuttle, Stoddard B. Colby and William T. Griffin for John W. Harris and another, petitioners, appellants.

      Mrs. Catherine Noyes Lee and Hampton D. Ewing, Jr., for Thomas B. Gilchrist, respondent, appellant.

      Walter D. Fletcher, John C. Hover and Peter■ C. McBean for Guaranty Trust Company of New York, respondent.

      George A. Spiegelberg, Laurence Rosenthal and Leon Silver-man for Charles L. d’Espinay-Durtal and another, respondents.

      John A. Bolles, special guardian, respondent.

      Anthony J. Romagna and Arthur H. Prints for Anthony J. Romagna, guardian ad litem, respondent.

      Bernard Cowen and Robert M. Cowen for Josephine Grove, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the fund. No opinion.

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


text:
    Harold De Graw, Appellant, v. Corning Hospital, Respondent, et al., Defendants. Carolyn De Graw, an Infant, by Alice De Graw, Her Guardian ad Litem, Appellant, v. Corning Hospital, Respondent, et al., Defendants.
    Argued March 8, 1951;
    decided April 12, 1951.

      James M. By an for appellants.

      John W. Hollis for respondent.
   Judgments affirmed, with costs; no opinion.

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


text:
    Tractor & Equipment Corp., Appellant, v. Chain Belt Company, Respondent, et al., Defendants.
    Argued March 6, 1951;
    decided April 12, 1951.

      Herman A. Benjamin and Robert Batter for appellant.

      Harold Harper, Edgar L. Wood and Vincent P. Uihlem for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Isabelle V. Schneider et al., Respondents, v. Associated Prudential Theatres, Inc., Appellant.
    Argued March 9, 1951;
    decided April 12, 1951.

      Walter L. Glenney for appellant.

      Benedict 8. Rosenfeld, Albert Gondelman and Bernard Meyerson for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Construction of the Will of Samuel Bluestein, Deceased. Murray Goodman et al., as Executors of Samuel Bluestein, Deceased, Appellants; Rose Bluestein, Respondent.
    Argued February 26, 1951;
    decided April 12, 1951.

      Ilo Orleans for appellants.

      Harold M. Weinberg for respondent.
   Order affirmed, with costs to each party appearing separately and filing separate briefs payable out of the estate. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, and Froessel, JJ. Fuld, J., dissents upon the ground that; in making a gift to his business associate of “ any and all interest ” in his accounting practice, the testator intended an absolute and unconditional bequest.


text:
    Paul Kaskel & Sons, Inc., Appellant, v. Fidelity and Deposit Company of Maryland, Respondent.
    Argued March 5, 1951;
    decided April 12, 1951.

      Norman Winer for appellant.

      Stewart Maurice, Charles R. McNamee and Robert Brooks White for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Park & Pollard Company, Inc., et al., Respondents, v. Minnie De Hart, Appellant, et al., Defendants, and American Federation of Grain Millers, Local No. 110, Respondent.
    Argued March 7, 1951;
    decided April 12, 1951.

      Daniel K. Boone for appellant.

      J. Edmund Kelly for plaintiffs-respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of Isidor Reinhard, Respondent, against M. Mal Deitch, Appellant. (Two Proceedings.)
    Submitted April 2, 1951;
    decided April 12, 1951.

      M. Mai Deitch, in person, for motions.

      Jacob F. Baskin and Milton Haselkorn opposed.
   Motions dismissed, with $10 costs and necessary printing disbursements, upon the ground that the orders do not finally determine the matters within the meaning of the Constitution.


text:
    Bella Unger, on Behalf of Ellen Schiff and Another, Infants, Appellant, v. Samuel Schiff, Respondent.
    Submitted April 2, 1951;
    decided April 12, 1951.

      Morris Marlow for motion.

      Milton Koss and Charles Rothenberg opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the orders sought to be appealed from are not appealable by the permission of the Court of Appeals. (Civ. Prac. Act, § 589; Matter of Clausi, 296 N. Y. 354.)


text:
    Dorothy Adler, Respondent, v. Josephine E. Pater, as Executrix of Katherine M. Eschler, Appellant.
    Submitted April 2, 1951;
    decided April 12, 1951.

      George Kent Weldon and Michael J. Pécora for motion.

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


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney et al., Respondents.
    Submitted April 2, 1951;
    decided April 12, 1951.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 818.]


text:
    George A. Lugert, Appellant, v. Sam Cohen et al., Respondents, and William C. Hawver, Jr., as Guardian ad Litem of Joseph S. Hawver, Appellant. Barbara E. Lugert, Appellant, v. Sam Cohen et al., Respondents, and William C. Hawver, Jr., as Guardian ad Litem of Joseph S. Hawver, Appellant.
    Submitted April 2, 1951;
    decided April 12, 1951.

      William E. J. Connor for motions.

      B. Monell Hersberg opposed.
   Motions denied, with $10 costs.


text:
    In the Matter of the Construction of the Will of Patrick A. Powers, Deceased. Pauline M. O’Malley, as Executrix of David A. O’Malley, Deceased, Appellant; Glen Behymer, as Executor of Patrick A. Powers, Deceased, et al., Respondents.
    Submitted April 2, 1951;
    decided April 12, 1951.

      Arthur W. Siegrist for motion.

      James N. Vaughan and Philip Herman opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    John M. Kelly, Appellant, v. City of New York et al., Defendants, and William F. Morgan, Jr., Respondent.
    Submitted April 2, 1951;
    decided April 12, 1951.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 589.]


text:
    In the Matter of the Probate of the Will of Richard M. Schell, Deceased. Alice S. Porcher, Appellant; Bank of New York and Fifth Avenue Bank, Individually and as Executor of and Trustee under the Will of Richard M. Schell, Deceased, et al., Respondents.
    Submitted April 2, 1951;
    decided April 12, 1951.
   Motion for reargument of motions to dismiss appeal denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 696.]


text:
    A. Katharine Long, Appellant, v. Parmelee Transportation Company, Respondent, et al., Defendants.
    Submitted April 9, 1951;
    decided April 12, 1951.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 273.]


text:
    Harry Blankenberg, Appellant, v. William P. Hunt, Individually, et al., Respondents.
    Argued April 3, 1951;
    decided April 13, 1951.

      Jack M. Perlman, Samuel Mesansky and Arthur S. Schapira for appellant.

      James F. Schule and Eugene T. McQuade for respondents.
   Order affirmed, with costs. Questions certified answered in ■ the negative. No opinion.

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


text:
    Mae L. Anderson, Appellant, v. Helen P. Brown, Individually and as Executrix of Elmer S. Anderson, Deceased, Respondent.
    Argued April 4, 1951;
    decided April 13, 1951.

      Warren W, Johnson for appellant.

      Alton R. Erickson for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, J J.


text:
    John S. Payne, Respondent, v. Henry K. Norton, as Trustee of the New York, Susquehanna and Western Railroad Company, et al., Defendants, and The Motor Haulage Company, Inc., Appellant.
    Argued April 5, 1951;
    decided April 13, 1951.

      E. E. Brown and William J. Magee for appellant.

      Frank J. Wheelan, Thomas E. Bivin and Joseph 8. McCann for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Lebanon Hospital Association of the City of New York et al., Appellants, v. City of New York, Respondent.
    Argued April 2, 1951;
    decided April 13, 1951.

      Harry T. Dolan, Special Assistant to the Attorney General, A. Devitt Vanech, Assistant Attorney General, Roger P. Marquis and John G. Harrington, Attorneys, Department of Justice, for United States of America, appellant.

      John P. McGrath, Corporation Counsel (Morris Handel, Imre Schwarz and Ira Wollison of counsel), for respondent. .
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, FuXiD and Feoessel, JJ.


text:
    In the Matter of 184 Realty Corporation, Respondent. National Uniform Company, Inc., et al., Appellants.
    Argued April 11, 1951;
    decided April 13, 1951.

      Harry G. Anderson and Mortimer Schwarts for appellants.

      Nathaniel T. Heilman and Bernard H. Kayden for respondent.
   Appeal dismissed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Chester Patane, Appellant.
    Submitted April 2, 1951;
    decided April 13, 1951.

      Herbert S. Siegal for appellant.

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

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


text:
    North River Mortgage Company, Plaintiff, v. John A. Godson et al., Defendants, and Adolph Meyers, Respondent. Jonathan Holdeen, as Assignee of North River Mortgage Company, Appellant.
    Argued April 3, 1951;
    decided April 13, 1951.

      Jonathan Holdeen, in person, and Stephen Holden for Jonathan Holdeen, appellant.

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

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


text:
    In the Matter of the Will of Mary C. Johnston, Deceased. William E. W. Cramer, as Administrator C. T. A. of Mary C. Johnston, Deceased, Appellant; Harris A. Stanford, Respondent.
    Submitted April 5, 1951;
    decided April 13, 1951.

      John L. McCormich and John F. Gilligan for appellant.

      John A. Slade for respondent.
   Order affirmed, with costs to both parties payable out of the estate. No opinion.

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


text:
    In the Matter of Fannie Engle, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Argued April 2, 1951;
    decided April 13, 1951.

      Nathan Frankel for appellant.

      Nathaniel L. Goldstein, Attorney-General (Emory Gardiner of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Arbitration between Kew Queens Corp., Respondent, and MacArthur Concrete Pile Corporation, Appellant.
    Argued April 3, 1951;
    decided April 13, 1951.

      Joseph Dannenberg and Leonard M. Lake for appellant.

      Henry Epstein, Sydney G. Winton and Sidney Rhodes for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Brooklyn Trust Company et al., as Trustees under the Will of Euretta J. Schlegel, Deceased, Respondents. Trustees of Columbia University, Appellant; Agnes K. Bower, Individually and as Executrix of Sibyl M. Bower, Deceased, et al., Respondents.
    Argued March 1, 1951;
    decided April 13, 1951.

      William J. O’Shea, John Godfrey Saxe and Henry J. Kennedy for appellant.

      Nathaniel Rubin and Clarence J. Drake for Agnes K. Bower and others, respondents.
   Decree affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.

Concur: Loughran, Ch. J., Conway, Fuld and Froessel, JJ.; Lewis, Desmond and Dye, JJ., dissent and vote for reversal in the following memorandum: When the will is read as a whole, it is clear that the testatrix intended a ratable distribution of the remainder of the Sibyl M. Bower trust among the named beneficiaries. (Matter of Low, 232 App. Div. 414, affd. 257 N. Y. 613; Matter of Knickerbocker, 255 App. Div. 309, affd. 280 N. Y. 560.)


text:
    Harry Smilo, Respondent, v. Morris Cooper-Smith, Appellant.
    Submitted March 6, 1951;
    decided April 13, 1951.

      Alexander A. Mayper and David Lazarus for appellant.

      Abraham Burstein for respondent.
   Judgment affirmed, with costs. We disapprove (see City of New York v. Pike Realty Corp., 247 N. Y. 245) the measure of damages adopted below which was based on estimated parking and storage fees less estimated expense during the term of the lease. Nonetheless an affirmance is in order. There is basis in this record to sustain the judgment furnished by defendant himself as to the value of the lease above the agreed rental. Also the plaintiff’s proof as to value of improvements made to the fee of which the defendant had the advantage is undisputed. No opinion.

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


text:
    In the Matter of the Accounting of Central Hanover Bank and Trust Company, as Trustee, Respondent. Kenneth J. Mullane, as Special Guardian and Attorney for Infants and Others, Appearing Specially, Appellant; James N. Vaughan, as Special Guardian and Attorney for Infants and Others, Respondent.
    Submitted April 2, 1951;
    decided April 13, 1951.
   Motion for reargument or, in the alternative, to amend the remittitur. Motion for reargument denied. Motion to amend the remittitur granted. Return of remittitur requested and, when returned, it will be amended to provide that the orders of the Appellate Division and the decrees of the Surrogate’s Court are reversed, with costs payable out of the fund, and that the Surrogate be directed to enter an order dismissing the petition. [See 299 N. Y. 697.]


text:
    43rd Street Cape, Inc., Appellant, v. Volga Estates, Inc., Respondent.
    Submitted April 11, 1951;
    decided April 13, 1951.

      Abraham B. Herts for motion.

      Sidney B. Alexander opposed.
   Motion granted, upon payment of the printing disbursements of the respondent.


text:
    Mennasch Kalkstein, Appellant, v. Ben E. Landess et al., Individually and as Copartners Doing Business under the Name of Jamaica-Richaven Medical Group, Respondents.
    Submitted April 9, 1951;
    decided April 13, 1951.

      Gabriel' L. Kaplan and Henry G. Van Veen for motion.

      John J. Haller on, Jr., and Frank J. Faruolo, Jr., opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Abraham Zagelbaum, Respondent, v. City of New York, Appellant.
    Argued April 10, 1951;
    decided May 17, 1951.

      John P. McGrath, Corporation Counsel (Joseph F. Mulgueen, Jr., and Seymour B. Quel of counsel), for appellant.

      Benjamin II. Siff and Myron Myers for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Matthew B. Clark, Jr., an Infant, by Matthew B. Clark, Sr., His Guardian ad Litem, Appellant, v. State of New York, Respondent. Matthew B. Clark, Sr., Appellant, v. State of New York, Respondent.
    (Claim No. 28415.)
    (Claim No. 28420.)
    Argued April 6, 1951;
    decided May 17, 1951.

      C. E. Fitzgerald for appellants.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison, Wendell P. Brown and Ronald E. Coleman of counsel), for respondent.
   Judgments affirmed, with costs; no opinion.

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


text:
    Elwood Brownworth et al., Respondents, v. Elade Realty Corp., Appellant, and Israel M. Flapan, Defendant.
    Argued March 1, 1951;
    decided May 17, 1951.

      Charles Gottlieb and Lawrence N. Friedland for appellant.

      Louis X. Alter for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    William B. Perry, Respondent, v. News Syndicate Co., Inc., Appellant.
    Submitted April 9, 1951;
    decided May 17, 1951.

      J. Howard Garter, James W. Rodgers and Andrew L. Hughes for appellant.

      George B. Fargis for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Lottghban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessed, JJ.


text:
    In the Matter of Rosak Properties, Inc., Appellant, against John A. Dwyer, Village Clerk of the Village of Westbury, et al., Respondents.
    Argued April 9, 1951;
    decided May 17, 1951.

      Ferdinand I. Haber and James E. Boboras for appellant.

      Thomas E. Abrahams and David A. Kraemer for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fund, and Froessel, JJ.


text:
    Norma Gates, Respondent, v. Jamestown Motor Bus Transportation Company, Appellant.
    Argued April 11, 1951;
    decided May 17, 1951.

      Reid 8. Moule and Clive L. Wright for appellant.

      Clarence G. Pickard for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Anna Budrow, Appellant, v. Grand Union Company, Respondent.
    Argued April 5, 1951;
    decided May 17, 1951.

      Patrick J. Tierney for appellant.

      James J. Carroll for respondent.
   Judgment of the Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division. There is evidence from which the negligence of defendant and the causation of the accident by that negligence may be reasonably inferred. (Betzag v. Gulf Oil Corp., 298 N. Y. 358; Bernstein v. Greenfield, 281 N. Y. 77; Cornbrooks v. Terminal Barber Shops, Inc., 282 N. Y. 217.) No opinion.

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


text:
    Edward F. Hammel et al., Doing Business under the Name of Hammel Engineering Company, Respondents, v. Herbert L. Hutner et al., Appellants.
    Argued April 3, 1951;
    decided May 17, 1951.

      Walter C. Lundgren and Francis P. Kelly for appellants.

      Frank H. Connelly, Jr., for respondents.
   Judgment affirmed, with costs; no opinion.

Concur; Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Charles A. Franklin, Appellant and Respondent, v. State of New York, Respondent and Appellant.
    (Claim No. 28739.)
    Argued April 9, 1951;
    decided May 17, 1951.

      P. Sidney Hand for claimant, appellant and respondent.

      Nathaniel L. Goldstein, Attorney-General (Ronald E. Coleman and Wendell P. Brown of counsel), for defendant, respondent and appellant.
   Judgment affirmed; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fttld and Fboessel, JJ.


text:
    Marjorie Gordon, Appellant, v. Bergdorf & Goodman Company, Respondent.
    Argued April 5, 1951;
    decided May 17, 1951.

      Sylvan Schwarts, Joseph A. Gluckman and Nathan A. Gluckman for appellant.

      Laurence Rosenthal for respondent.
   Judgment affirmed, with costs. No opinion.

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


text:
    Lothair H. Szerlip, Appellant, v. Crown Enterprises, Inc., et al., Respondents, and Moss Industries, Inc., et al., Appellants.
    Argued April 9, 1951;
    decided May 17, 1951.

      Charles J. Buchner, Sidney Sserlip and Boy Carstairs for appellants.

      Harold S. Lynton and James E. Finegan, Jr., for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Clair Cobb, Appellant, v. Mutual Life Insurance Company of New York, Respondent.
    Argued March 8, 1951;
    decided May 17, 1951.

      John W. Hollis for appellant.

      Arthur 0. Kaiser, Haughton Bell and E. A. Voegeli for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Augusta J. Hart et al., Appellants, v. Interborough News Company et al., Respondents, et al., Defendants.
    Argued April 3, 1951;
    decided May 17, 1951.

      Lewis W. Isaacs, Jr., and Raymond E. Burdick for appellants.

      Archie 0. Dawson and William Rockefeller for Interborough News Company, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Vincent Ciminello, Respondent, against Thomas J. Curran, as Secretary of State of the State of New York, Appellant.
    Argued April 10, 1951;
    decided May 17, 1951.

      Nathaniel L. Goldstein, Attorney-General (Ruth Kessler Toch and Wendell P. Brown of counsel), for appellant.

      Nicholas D. Grisanti for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Fuld and Froessel, JJ. Dissenting: Lewis and Dye, JJ.


text:
    Theda Sannit, as Administratrix of the Estate of Raymond D. Sannit, Deceased, Plaintiff, v. Buffalo Wire Works Co., Inc., et al., Defendants, and Elmer J. Doyle, Doing Business as Doyle Painting Co., Defendant and Third-Party Plaintiff-Appellant. Fleisher Engineering and Construction Co., Third-Party Defendant-Respondent, et al., Third-Party Defendants.
    Argued May 15, 1951;
    decided May 24, 1951.

      Reid 8. Moule and J. Couper Lord for appellant.

      James R. Ulsh and Chester McNeil for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mabel V. Metcalf, Appellant, v. Stanley W. Metcalf, Respondent.
    Argued April 12, 1951;
    decided May 24, 1951.

      David Vorhaus and Jesse Hemley for appellant.

      George P. Halperin, Bernard 8. Barron and Leon Dicker for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. A. Lombardi Purazzo, Appellant.
    Argued April 11, 1951;
    decided May 24, 1951.

      Joseph Aronstein for appellant.

      Frank 8. Hogan, District Attorney (Chester E. Kleinberg and Richard Q. Denser of counsel), for respondent.
   Judgment affirmed, no opinion.

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


text:
    The People of the State of New York ex rel. Richard Branch, Appellant, against Herman J. Ruthazer, as Warden of City Prison, Respondent.
    Argued April 12, 1951;
    decided May 24, 1951.

      Harvey B. Hackman, John B. Sanders and Carson DeWitt Baker for appellant.

      Frank S. Hogan, District Attorney (Peyton H. Moss and Bickard G. Denser of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    Angelina P. Zuppa, as Administratrix of the Estate of Joseph T. Zuppa, Deceased, Respondent, v. Central Hudson Gas & Electric Corporation, Appellant.
    Argued May 15, 1951;
    decided May 24, 1951.

      James I. Cuff, George A. Garvey, Lillian E. Cuff and James I. McGuire for appellant.

      Joseph A. McCabe and Stephen K. Bock for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Lillian F. Lorber, Respondent, against William O’Dwyer et al., as Members of the Board of Estimate of the City of New York, Appellants.
    Argued April 11, 1951;
    decided May 24, 1951.

      John P. McGrath, Corporation Counsel (Helen B. Cassidy and Seymour B. Quel of counsel), for appellants.

      David Brecher and Harry Todowits for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Anna Sondheimer, Respondent, v. Josephine B. Beck, Appellant.
    Argued April 9, 1951;
    decided May 24, 1951.

      David Michelsohn for appellant.

      Joseph N. Friedman, Moses Friedman and Martin Gottlieb for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Hyman Goldberg, Appellant, against Robert Moses, as Park Commissioner of the City of New York, et al., Respondents.
    Argued April 12, 1951;
    decided May 24, 1951.

      Hyman Goldberg, appellant in person.

      John P. McGrath, Corporation Counsel (Seymour B. Quel and Andrew Bellanca of counsel), for respondents.
   Order affirmed, without costs, upon the ground that the evidence against the petitioner was sufficient to warrant his dismissal. No opinion.

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


text:
    River Heights Construction Corporation, Appellant, v. General Electric Appliances, Inc., Respondent.
    Argued April 12, 1951;
    decided May 24, 1951.

      Myron Kommel and Sidney G. Norris for appellant.

      Phil E. Gilbert, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Dominick Salemi, Appellant, against Farrand Optical Co., Inc., et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued May 14, 1951;
    decided May 24, 1951.

      Augustine.F. Massa for appellant.

      Charles P. Barre and George A. Garvey for Farrand Optical Co., Inc., and another, respondents.
   Order of the Appellate Division reversed and decision and award of the Workmen’s Compensation Board reinstated, with costs in this court and in the Appellate Division. The evidence, while insufficient to sustain the board’s finding that claimant’s loss of vision in his left eye was caused by the accident of November 14, 1944, was nevertheless sufficient to sustain the further findings of the board that, on March 21, 1945, while claimant was workng for his employer on a grinder, a foreign body entered his left eye and that the loss of vision resulted therefrom. The failure to file a claim within two years does not bar claimant from receiving compensation as the medical treatment administered by the employer’s plant nurse in removing the foreign body from his eye constituted an advance payment within the meaning of section 28 of the Workmen’s Compensation Law. No opinion.

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


text:
    Mary B. Brown, Appellant, v. Norman S. Willard, Respondent.
    Submitted May 14, 1951;
    decided May 24, 1951.

      Clarence E. Conley for motion.
    No one opposed.
   Motion granted. Appellant has offered satisfactory proof of the facts specified in section 199 of the Civil Practice Act. (Cf. Mnich v. American Radiator Co., 295 N. Y. 636, 637.)


text:
    Capitol Wine & Spirit Corp., Appellant, v. Louis I. Pokrass et al., Respondents, et al., Defendants.
    Submitted May 14, 1951;
    decided May 24, 1951.
   Motion for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 734.]


text:
    Anna M. Carkner, Appellant, v. George H. Strokes, et al., Respondents. Walter R. Carkner, Appellant, v. George H. Strokes et al., Respondents.
    Submitted May 14, 1951;
    decided May 24, 1951.

      Malcolm G. Bibby for motion.
    No one opposed.
   Motion denied, without prejudice to an application for relief under rule 1 of the Rules of the Court of Appeals.


text:
    Anthony Costaro et al., Respondents, v. Joseph Simons, as President of Newspaper and Mail Deliverers’ Union of New York and Vicinity, Defendant, and Rockaway News Supply Co., Inc., Appellant.
    (Appeal No. 1.)
    Submitted May 14, 1951;
    decided May 24, 1951.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 318.]


text:
    Mamie L. Ferraiolo, Respondent, v. William O’Dwyer et al., as Members of the Board of Estimate of the City of New York, Constituting the Trustees of the New York City Employees’ Retirement System, Appellants.
    Submitted May 14, 1951;
    decided May 24, 1951.
   Motion for reargument and to clarify the opinion denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 371.]


text:
    Harold E. Griffin, Respondent, v. Lamport Realty Company, Inc., Appellant, et al., Defendants.
    Submitted May 14, 1951;
    decided May 24, 1951.
   Motion to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 728.]


text:
    In the Matter of the Arbitration between Atlantic Rayon Corporation et al., Respondents, and Harold Goldsmith, Doing Business under the Name of Hargold Textiles, Appellant.
    Submitted April 9, 1951;
    decided May 24, 1951.

      Ruben Schwarts and Frederick E. M. Ballon for motion.

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


text:
    The People of the State of New York, Plaintiff, v. Mercer Hicks Corporation et al., Defendants. George C. Kimber et al., as Trustees under the Will of Anne A. Kimber, Deceased, Appellants; Daniel J. Riesner, as Receiver, Respondent.
    Submitted May 14, 1951;
    decided May 24, 1951.

      Menahem Stim and Joseph D. Stim for motion.

      K. Courtenay Johnston for Kimber trustees, opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order does not finally determine the proceeding within the meaning of the Coustitution.


text:
    In the Matter of the Estate of E. Bruce Johnson, Deceased. Eleanor Muelberger, Appellant; Genevieve Johnson, Respondent.
    Submitted May 14, 1951;

    decided May 24, 1951.
   Motion for reargnment denied. Motion to amend the remittitur granted. Return of remittitur requested and when returned it will be amended to provide that the judgment entered upon the order of the Appellate Division be affirmed, with costs. [See 301 N. Y. 13.]


text:
    In the Matter of John A. Sadowy, Appellant, against Frederick A. Moran, as Chairman of the New York State Board of Parole, et al., Respondents.
    Submitted May 14, 1951;
    decided May 24, 1951.

      John A. Sadowy, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and Raymond B. Madden of counsel), for respondents.
   Motion dismissed, unless within fifteen days all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    In the Matter of Irwin Slater, an Attorney, Appellant. Association of the Bar of the City of New York, Respondent.
    Submitted April 2, 1951;
    decided May 24, 1951.

      Irwin Slater, in person, for motion for leave to appeal and for stay and in opposition to motion to dismiss appeal.

      Frank H. Gordon and George G. Hunter, Jr., for motion to dismiss appeal and in opposition to motion for leave to appeal and for stay.
   Motion for leave to appeal and for stay denied.

Motion to dismiss appeal granted and appeal dismissed.


text:
    In the Matter of the Probate of the Will of John Winters, Deceased. John M. Winters, Appellant; Henry Winters et al., Respondents.
    Submitted May 14, 1951;
    decided May 24, 1951.
   Motion to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 666.]


text:
    The People of the State of New York ex rel. Lewis Wolfe, Appellant, against Herman Ruthazer, as Warden of Tombs Prison, Respondent.
    Submitted May 14, 1951;
    decided May 24, 1951.

      Miles F. McDonald, District Attorney (William I. Siegel of counsel), for motion.

      Philip Warren for relator.
   Motion granted and appeal dismissed.


text:
    Raymond A. Pettingill et al., Respondents, v. Streg, Inc., et al., Appellants.
    Submitted May 14, 1951;
    decided May 24, 1951.

      Abraham Schlissel for motion.

      Philip J. O’Brien and John Q. Coleman opposed.
   Motion denied, with $10 costs and necessary printing disbursements.


text:
    Thomas Ryan et al., Appellants, v. Joseph Simons, as President of Newspaper and Mail Deliverers’ Union of New York and Vicinity, an Unincorporated Association, et al., Respondents.
    Submitted May 14, 1951;
    decided May 24, 1951.
   Motion for reargument denied. Motion to amend the remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: ‘ Upon this appeal this court held that, since there was no question as to the interstate nature of the defendant employer’s activities and since plaintiffs’ basic grievance arises from discrimination against them, actual and threatened, in favor of union members, the controversy involves unfair labor practices by a labor organization within the purview of the Labor Management Relations Act of 1947; that plaintiffs were required, in the first instance, to avail themselves of the administrative remedy set up by the statute and seek redress before the National Labor Relations Board; and that, accordingly, the courts of this State have no jurisdiction of the present controversy.” [See 302 N. Y. 742.]


text:
    Michael Thal et al., Respondents, v. Richard Polumbaum et al., Respondents.
    Submitted May 14, 1951;
    decided May 24, 1951.

      James P. Durante and J. Norman Lewis for motion.

      Monroe J. Cahn opposed.
   Motion denied, without costs, and without prejudice to further proceedings by respondents pursuant to rule 1 and/or rule 6 of the Rules of the Court of Appeals.


text:
    In the Matter of the Claim of Joe Buchanan, Respondent, against Bethlehem Steel Company, Appellant. Workmen’s Compensation Board, Respondent.
    Argued May 16, 1951;
    decided June 1, 1951.

      Solon J. Stone and Edward L. Robinson, Jr., for appellant.

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

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


author: Per Curiam.

text:
    1481 Broadway Corp., Lessee, Landlord, Appellant, v. Maiden Lane Ballroom, Inc., Tenant, Respondent, and “ John Doe ”, Undertenant.
    Argued May 24, 1951;
    decided June 1, 1951.

      Edwin M. Otterbourg, Frederic P. Houston and Richard A. Holman for appellant.

      Robert Moers for Tocosa Corporation, amicus curice, in support of appellant’s position.

      Julius B. Sheftel for respondent.
   Per Curiam.

A public dance hall operated for profit is not a Place of public assembly ”, as that term is defined in the Emergency Business Rent Control Law (L. 1945, ch. 314, § 2, as amd.; McKinney’s Unconsol. Laws, § 8552). The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

Lotjghran, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.

Order affirmed, etc.


text:
    Gilchrest House, Inc., Appellant, v. Guaranteed Title and Mortgage Company, Respondent.
    Argued May 16, 1951;
    decided June 1, 1951.

      Henry M. Katz and Abbie Goldstein for appellant.

      Herman 8. Axelrod, Arnold 0. Charters and Maitland M. Axelrod for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Joseph Cardinal, Doing Business as Cardinal Engineering Company, Appellant, v. United States Casualty Company, Respondent.
    Argued May 21, 1951;
    decided June 1, 1951.

      Thomas A. McDonald, Daniel McNamara, James S. Tobin and Edward C. McDonald for appellant.

      Bruce Bromley, Samuel B. Feller, Leo E. Eirsch, Jr., Maurice Rosenberg and Frederick Mellor for respondent.

      James B. Donovan and William E. Jordan for National Bureau of Casualty Underwriters and another, amici curios, in support of respondent’s position.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Application of Rose Auster, Respondent, for a Writ of Habeas Corpus to Determine the Custody of William M. Weberman, an Infant. Myron Weberman, Appellant.
    Argued May 15, 1951;
    decided June 1, 1951.

      Benjamin Weberman for appellant.

      George M. Aronwald for respondent.
   Order affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Aaron Donner, Appellant. The People of the State of New York, Respondent, v. Zalman Blesofsky, Appellant. The People of the State of New York, Respondent, v. Aaron M. Aber, Appellant.
    Argued May 15, 1951;
    decided June 1, 1951.

      Benjamin Weberman for appellants.

      John P. McGrath, Corporation Counsel (Alfred Weinstein, Seymour B. Quel and Stanley Buchsbaum of counsel), for respondent.
   Judgments affirmed; no opinion.

Concur: Lotjghraw, Ch. J., Lewis, Cowway, Desmowd, Dye, Fuld and Feoessel, JJ.


text:
    F. Fred Fredel, Appellant, v. Charles S. Greene et al., Respondents.
    Submitted May 16, 1951;
    decided June 1, 1951.

      David Bergner for appellant.

      Benjamin E. Alter, Edith H. Kunen, Garry G. Blaustein and John A. Viggiano for respondents.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    Frank T. Coleman, Appellant, v. New York Central Railroad Company, Respondent.
    Argued May 18, 1951;
    decided June 1, 1951.

      Frederick E. Weinberg and Archibald Bromsen for appellant.

      James L. More and Gerald E. Dwyer for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Anthony Krug, Appellant.
    Argued May 21, 1951;
    decided June 1, 1951.

      Raphael H. Beauduy for appellant.

      Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    John Gralton, Appellant, v. James H. Oliver, Defendant, and Eugene A. Duval, Respondent.
    Argued May 18, 1951;
    decided June 1, 1951.

      H. E. Blodgett and John Snapp for appellant.

      Daniel H. Prior and Earl 8. Jones for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Leon Leighton et al., as Trustees, Appellants, v. Herbert Bearman, Respondent. The People of the State of New York ex rel. Joseph D. McGoldrick, as State Rent Administrator, Intervener, Respondent.
    Argued May 14, 1951;
    decided June 1, 1951.

      Barnet Kaprow and Bertram A. Levine for appellants.

      Morton A. Bernstein for respondent.

      Walter S. Fried and Robert H. Schaffer for intervener, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Desmond and Dye, JJ.; Conway, Fuld and Feoessel, JJ., dissent in the following memorandum: As to the order of the Federal Housing Expediter of July 14, 1949, which increased the rent to $47.48 a month, as of November 15,1948 — the date upon which the landlords made their application — we believe that such order fixed and determined the maximum rental under the State Emergency Housing Rent Control Law (L. 1950, ch. 250) from the latter date through August, 1950. As to the order of the Federal Housing Expediter of July 18, 1950, which increased the rent to $51.14 a month, as of June 3, 1949 — the date upon which the landlords made their application •— we believe that the Federal Expediter had power to issue such an order and that such order was valid and effective, even though it was handed down after May 1, 1950, the date when ££ all rent controls ” under the Federal act were ££ terminated ” in view of the circumstance that that official’s jurisdiction continued and survived for the purpose of disposing of appeals timely taken prior to May 1, 1950. The rent controls ” which were terminated are those prescribed by the statute; the Federal agency’s decision covering a period prior to such termination was in no wise proscribed. (Housing and Rent Act of 1947, § 204, subds. [f], [j]; U. S. Code, tit. 50, Appendix, § 1894; U. S. Code, tit. 1, § 109; 61 U. S. Stat. 633, 635.) We accept such determination here and may “ not review or overrule it for supposed invalidity.” (Wasservogel v. Meyerowitz, 300 N. Y. 125, 133; see, also, Sondheimer v. Beck, 302 N. Y. 832; Matter of Schmoll, Inc., v. Federal Reserve Bank, 286 N. Y. 503, 509.)

The order of the Appellate Division and the judgment of the Municipal Court entered thereon should be modified and a final order and judgment granted in favor of the landlords for $107.45, as demanded in the petition.


text:
    In the Matter of the Arbitration between 142 Fiftieth Corporation, Appellant, and 150 East 50th Street Corp., Respondent.
    Argued May 16, 1951;
    decided June 1, 1951.

      Philip Jones for appellant.

      Milton M. Rosenbloom and Alfred Taffet for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Eleanore Bakal, Appellant, v. University Heights Sanitarium, Inc., Respondent, et al., Defendants.
    Argued May 17, 1951;
    decided June 1, 1951.

      Ralph Stout, Philip Smith and Murray Rafshy for appellant.

      Joseph J. Brophy and Desmond T. Barry for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Catalina Charlemagne, Respondent, against City of New York, Appellant.
    Argued May 21, 1951;
    decided June 1, 1951.

      John P. McGrath, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for appellant.

      Isidor Enselman, Gustave G. Rosenberg and Leo Deutsch for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    William J. Kramb, Appellant, v. Harry W. Fincher et al., Respondents.
    Argued April 5, 1951;
    decided June 1, 1951.

      Ruben A. Dankoff for appellant.

      W. Clyde O’Brien and Herbert G. Kuhn for respondents.
   Per Curiam.

Since the reversal by the Appellate Division of the judgment in favor of plaintiff on the third cause of action was upon the law and the facts and the complaint was dismissed on the ground that the jury’s verdict was against the weight of the credible evidence in the case, a new trial must be ordered. (Imbrey v. Prudential Ins. Co., 286 N. Y. 434, 441; Toone v. City of New York, 218 N. Y. 616.)

The judgment of the Appellate Division, insofar as it affirms the judgment of the trial court as to the second cause of action, should be affirmed, with costs.

The judgment of the Appellate Division, insofar as it reverses the judgment of the trial court as to the third cause of action, and dismisses that cause of action, should be reversed and a new trial thereof granted, with costs to abide the event.

Loughran, Oh. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.

Judgment accordingly.


text:
    Finnegan & Di Zerega, Inc., Appellant, v. Bank of New York and Fifth Avenue Bank, Respondent.
    Argued May 21, 1951;
    decided June 1, 1951.

      Harold J. Treanor and Kenneth E. McLaughlin for appellant.

      George W. Martin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Gertrude S. Ahern, Respondent, against South Buffalo Railway Company, Appellant. Workmen’s Compensation Board, Respondent.
    Submitted April 9, 1951;
    decided June 1, 1951.

      Hoyt A. Moore, Albert B. Connelly, Jack W. Bobbins and Joseph W. Marloio for motion.
    No one opposed.
   Motion denied, with $10 costs and necessary printing disbursements, upon the ground that an appeal lies as of right.


text:
    Eugenia Silberfeld, Appellant, v. Swiss Bank Corporation, Defendant and Third-Party Plaintiff-Respondent. Henri Plessner, Third-Party Defendant-Respondent.
    Submitted May 14, 1951;
    decided June 1, 1951.

      Borris M. Komar for motion.

      William St. John Toser and Herman S. Axelrod opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the required papers were not filed in this court within the time limited by subdivision 3 of section 592 of the Civil Practice Act.


text:
    In the Matter of the Probate of the Will of Irwin M. Herzig, Deceased. Gertrude C. H. Notes, Appellant; Benjamin H. Herzig, Respondent.
    Submitted May 14, 1951;
    decided June 1, 1951.

      Gertrude G. H. Notes, in person, for motion.

      Benjamin H. Mersig, in person, and Edward Fillmore opposed.
   Motion dismissed upon the ground that the orders do not finally determine the proceeding within the meaning of the Constitution.


text:
    Fara Investors, Inc., Appellant, v. Morris Lourie et al., Respondents.
    Submitted May 21, 1951;
    decided June 1, 1951.
   Motion to amend the remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon this appeal there was presented and necessarily passed upon a question of the constitutionality of a Federal statute, namely, subdivision (b) of section 203 of the Housing and Rent Act of 1949. This court held that the Federal statute was not unconstitutional as violative of the Fifth Amendment of the Constitution of the United States. [See 302 N. Y. 730.]


text:
    Walter N. Smith et al., Appellants, v. William O’Dwyer et al., Constituting the Board of Estimate of the City of New York, et al., Respondents.
    Submitted May 21, 1951;
    decided June 1, 1951.

      John P. McGrath, Corporation Counsel (Barbara Carroll of counsel), for motion.

      Walter N. Smith, in person, opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of Hazel Marcus, Appellant. R. H. Macy & Co., Inc., Respondent.
    Submitted May 28, 1951;
    decided June 1, 1951.

      Abraham Marcus and William Rosenfeld for motion.

      George Siegel opposed.
   Motion granted on condition appellant pays $10 costs of motion and files return within ten days.


text:
    Rebecca Swidler, et al., Appellants, v. Knocklong Corp. et al., Respondents.
    Submitted May 28, 1951;
    decided June 1, 1951.

      Mildred McGinity for motion.

      Charles L. Raskin and Jacob Krisel opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Gannett Company, Inc., Respondent, v. Charles H. Kopp, Appellant.
    Submitted June 1, 1951;
    decided June 1, 1951.

      Leo J. Bice for motion.
    No one opposed.
   Motion dismissed, without costs, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of the Application of Rose Auster, Respondent, for a Writ of Habeas Corpus to Determine the Custody of William M. Weberman, an Infant. Myron Weberman, Appellant.
    Submitted June 21, 1951;
    decided June 21, 1951.
   Motion to amend the remittitur granted. Recall of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon this appeal there was presented and necessarily passed upon questions under the Constitution of the United States, viz.: The respondent-appellant argued that sections 3204, 3205 and 3212 of article 65 of the Education Law of the State of New York as applied to the circumstances of this case are repugnant to the Constitution of the United States. This court held that the aforesaid sections of the statute as so applied did not violate any of the rights of the respondent-appellant guaranteed by the Constitution of the United States. [See 302 N. Y. 855.]


text:
    The People of the State of New York, Respondent, v. Aaron Donner, Appellant. The People of the State of New York, Respondent, v. Zalman Blesofsky, Appellant. The People of the State of New York, Respondent, v. Aaron M. Aber, Appellant.
    Submitted June 21, 1951;
    decided June 21, 1951.
   Motion to amend the remittitur granted. Recall of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon this- appeal there was presented and necessarily passed upon questions under the Constitution of the United States, viz.: The defendants-appellants argued that sections 3204, 3205 and 3212 of article 65 of the Education Law of the State of New York as applied to the circumstances of this case are repugnant to the Constitution of the United States. This court held that the aforesaid sections of the statute as so applied did not violate any of the rights of the defendants-appellants guaranteed by the Constitution of the United States. [See 302 N. Y. 857.]


text:
    Joseph M. Pezzo, Appellant, v. Frank Paterno et al., Respondents.
    Argued May 22, 1951;
    decided July 11, 1951.

      Arthur A. Beaudry for appellant.

      Michael Nardone for Frank Paterno, respondent.

      Andrew Wright Lent for Nathan D. Williams, respondent.
   Judgment of the Appellate Division reversed and that of Trial Term affirmed, with costs to the plaintiff-appellant in this court and in the Appellate Division, upon the ground that his proof presented an issue of fact as to whether he had been guilty of contributory negligence and the submission of that issue to the jury was proper. No opinion.

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


text:
    The People of the State of New York, Respondent, v. John Aaron Robbins, Appellant.
    Argued May 23, 1951;
    decided July 11, 1951.

      Otho 8. Bowling, James T). G. Murray and Irving Greenberg for appellant.

      Lindsay B. Henry, District Attorney {Harry G. Brenner of counsel), for respondent.
   Judgment affirmed, no opinion.

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


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property for the Redevelopment Housing Project of East River Apartments, Inc. Sheriff & Grand Service Corp. et al., Appellants.
    Argued May 28, 1951;
    decided July 11, 1951.

      Charles Lamb for Sheriff & Grand Service Corp. and another, appellants.

      Henry Hers and Charles P. Kramer for Schenk & Wolf Realty Corp., appellant.

      JohnP. McGrath, Corporation Counsel (Benjamin Offner and Harry E. O’Donnell of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Jack M. Gootzeit, Ivan Sloan, Grady O. Cummings, 3d, Paul Alexander, Sidney Rubenstein, Beverly Rosenzweig, Rhoda Besunder, Pearl Yarmark, Flora Besson, Louis Stavitz and Samuel Palermo, Appellants.
    Argued May 31, 1951;
    decided July 11, 1951.

      Samuel M. Sacher and Moses C. Weinman for appellants.

      Frank S. Hogan, District Attorney (Jack M. Cotton and Rickard G. Denser of counsel), for respondent.
   Judgments affirmed, no opinion.

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