text:
    In the Matter of 99 Worth Street Corporation, Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued June 5, 1952;
    decided October 16, 1952.

      Arthur A. Segall and Robert L. Pels for appellant.

      Denis M. Hurley, Corporation Counsel (James J. McGowan and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Dye, Fund and Froessel, JJ. Not sitting: Conway, J.


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of Irene Sherman, Respondent. Mt. Eden Cemetery Association, Inc., Respondent; West Side Institutional Synagogue, Appellant.
    Argued October 7, 1952;
    decided October 16, 1952.

      Samuel Nirenstein for appellant.

      David I. Shivits and Edmund B. Eennefeld for Irene Sherman, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Sy-Jo Luncheonette, Inc., et al., Appellants, v. Marsav Distributors, Inc., et al., Defendants, and Joe Raymond, et al., Respondents.
    Argued October 6, 1952;
    decided October 16, 1952.

      Hyman Frank for appellants.

      Charles Gottlieb for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Edward L. Timmons, Appellant, v. Irene L. Shumaker, Respondent.
    Argued October 8, 1952;
    decided October 16, 1952.

      Joseph R. Shaughnessy for appellant.

      Edgar Mills and Elbert W. Robinson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Joseph D. McGoldrick, as State Rent Administrator, Respondent, against Christopher West et al., Appellants.
    Argued October 7, 1952;
    decided October 16, 1952.

      Sidney Roffman for appellants.

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

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


text:
    Sol Kass et al., Respondents, v. Ralph Kaplan et al., Appellants.
    Argued October 6, 1952;
    decided October 16, 1952.

      James Dempsey and Bartholomew A. Moynahan for appellants.

      Otho 8. Bowling and Harry C. Brenner for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Harry Thoens, Doing Business under the Name of Harry Thoens Co., Appellant, v. J. A. Kennedy Realty Corp., Respondent.
    Argued October 8, 1952;
    decided October 16, 1952.

      Monroe Coldwater, Milton Small and Robert Conrad for appellant.

      J. Howard Carter, Stuart N. Updike and John R. Schoemer, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughrau, Ch. J., Lewis, Coxway, Desmohd, Dye, Fuld and Fboessel, JJ.


text:
    Chrystal S. Dunninger, Respondent, v. Joseph Dunninger, Appellant.
    Submitted October 6, 1952;
    decided October 16, 1952.

      Samuel Nirenstein for motion.

      Elias Messing 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:
    City of New Rochelle, Respondent, v. Morgan H. Seacord, Appellant.
    Submitted October 6, 1952;
    decided October 16, 1952.

      Murray G. Fuerst, Acting Corporation Counsel (Francis S. Claps of counsel), for motion.

      Morgan E. Seacord, in person, opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    City of New Rochelle, Respondent, v. Morgan H. Seacord, Appellant.
    Submitted October 6, 1952;
    decided October 16, 1952.

      Murray C. Fuerst, Acting Corporation Counsel (Francis S. Claps of counsel), for motion.

      Morgan H. Seacord, in person, opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    City of New Rochelle, Respondent, v. Alice S. Stevens, as Administratrix with the Will Annexed of Charles C. Banks, Deceased, Appellant.
    Submitted October 6, 1952;
    decided October 16, 1952.

      Murray C. Fuerst, Acting Corporation Counsel (Francis 8. Claps of counsel), for motion.

      Morgan E. Seacord opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of the City of New York, Acting for and on Behalf of the New York City Housing Authority, Respondent, Relative to Acquiring Title to Real Property within the Area Bounded by Lawrence Street and Other Streets Required for the Flushing Houses, in the Borough of Queens. John Harding, Appellant.
    Submitted October 6, 1952;
    decided October 16, 1952.

      Walter N. Smith for motion.
    No one opposed.
   Motion dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution. [See 304 N. Y. 880.]


text:
    In the Matter of Michael Corrigan, Individually and as President of the Structure Maintainers and Structure Maintainer Helpers Association and for the Members Thereof Similarly Situated, et al., Appellants, against Lazarus Joseph, as Comptroller of the City of New York, et al., Respondents.
    Submitted October 6, 1952;
    decided October 16, 1952.
   Motions for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. All concur, except Conway, J., taking no part. [See 304 N. Y. 172.]


text:
    The People of the State of New York, Respondent, v. Wallace Ford, Jr., Appellant.
    Submitted October 6, 1952;
    decided October 16, 1952.
   Motion for reargument denied. All concur except Conway, J., taking no part. [See 304 N. Y. 679.]


text:
    The People of the State of New York, Respondent, v. Edward H. Kelly, Appellant.
    Submitted October 6, 1952;
    decided October 16, 1952.
   Motion for reargument denied. All concur, except Conway, J., not sitting, and Fuld, J., who dissents in the following memorandum: Under the circumstances of this case, the trial court should have held a hearing, when defendant moved for a new trial upon the ground of newly discovered evidence (Code Crim. Pro., § 465, subd. 7), to determine whether the state-employed psychiatrist would have testified — as defense counsel asserted in his affidavit in support of the motion — that it was his opinion that defendant was insane at the time of the homicide. Accordingly, I dissent and vote to withhold decision upon the present motion for reargument pending a hearing by the trial court in connection with the defendant’s application for a new trial. [See 304 N. Y. 662, 798.]


text:
    In the Matter of the Application of Samuel Gellman, Appellant. Rosicato Builders, Inc., Plaintiff, v. Berrian & 45th Realty Corp. et al., Defendants. William Green, Doing Business under the Name of Green Construction Company, Respondent.
    Submitted October 6, 1952;
    decided October 16, 1952.

      Samuel Qellman, in person, for motion.

      Samuel Weiss opposed.
   Motion granted on condition that the return be filed and that appellant pay $10 costs within ten days from the date of this order. Case set down for argument during the November, 1952, session of the Court of Appeals.


text:
    Charles Curti et al., Appellants, v. Union Engineering Corporation, Respondent.
    Argued October 9, 1952;
    decided October 23, 1952.

      Edward F. Kelleher and Andrew F. Van Thun, Jr., for appellants.

      John P. Cawley and John K. Carroll for respondent.
   Judgment of Appellate Division reversed, with costs, and judgment of Special Term affirmed on the ground that the payment of $1.55 an hour made to plaintiffs for working time under section 4 of article I of the contract bears no relation to the incentive bonus due to the plaintiffs under section 6 of article 1 thereof. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Casper Von Matt, Jr., Appellant.
    Argued October 9, 1952;
    decided October 23, 1952.

      Lionel E. Krohn for appellant.

      John M. Liddy, District Attorney (Willard Healy of counsel), for respondent.
   Judgments reversed, the information dismissed and the fine remitted upon the ground that the evidence was not sufficient to establish guilt beyond a reasonable doubt. No opinion.

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


text:
    Rose Nepola, as Administratrix of the Estate of Edward Nepola, Deceased, Appellant, v. City of New York, Respondent.
    Argued October 15, 1952;
    decided October 23, 1952.

      Benjamin H. Siff, Milton II. Mandel and Charles Kramer for appellant.

      Denis M. Hurley, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), 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 Bapps Corporation, Respondent, against Board of Assessors of the City of Buffalo, Appellant.
    Argued October 9, 1952;
    decided October 23, 1952.

      Frecl G. Maloney, Corporation Counsel (Abraham I. Okun of counsel), for appellant.

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

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


text:
    In the Matter of Bell Aircraft Corporation, Respondent, against Board of Assessors of the City of Buffalo, Appellant.
    Argued October 9, 1952;
    decided October 23, 1952.

      Fred G. Maloney, Corporation Counsel (Abraham I. Olcun of counsel), for appellant.

      Horace C. Winch and William B. H. Sawyer for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    Major Byrd, Appellant, v. New York Central Railroad Company, Respondent, et al., Defendants.
    Argued October 6, 1952;
    decided October 23, 1952.

      Melvel W. Snitow and Sydney Snitow for appellant.

      Lee P. Gagliardi, Gerald E. Dwyer and C. Austin White for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Jose B. Calva et al., Respondents, v. J. Laskin & Sons Corporation et al., Appellants, et al., Defendants.
    Argued October 9, 1952;
    decided October 23, 1952.

      Paul W. Williams, Allan D. Emil, Kenneth D. Wallace and Denis 0. Mclnerney for appellants. '

      Eugene L. Bondy, Leonard Loewinthan, Bertram Braufman and David E. Nierenberg 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:
    Max Schnurr, Jr., Respondent, v. State of New York, Appellant.
    (Claim No. 29894.)
    Argued October 15, 1952;
    decided October 23, 1952.

      Nathaniel L. Goldstein, Attorney-General {Henry S. Manley and Wendell P. Brown of counsel), for appellant.

      John M. Schneider for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Bankers Trust Company, as Successor Trustee under the Will of Emily Charles, Deceased, Respondent. Bank of New York and Fifth Avenue Bank et al., as Executors of Emily L. Charles, Deceased, et al., Respondents; Lillian E. C. Flather et al., Appellants.
    Argued October 8, 1952;
    decided October 23, 1952.

      Daniel S. Levy, Samuel Franklin and Joseph Richter for Lillian E. C. Flather, appellant.

      David L. Frothingham for Lillian M. Charles and another, appellants.

      Albert A. Jacobson, Raymond T. Armbruster and Christian H. Armbruster for Ida M. Charles and another, appellants.

      Henry Allen Mark, special guardian for Charles Flather and another, infants, appellants.

      J. Fear on Brown and James H. Nichols for Bank of New York and Fifth Avenue Bank and others, respondents.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.

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


text:
    Robert Foley, Respondent, v. State of New York, Appellant. Jeanne C. Daudelin, an Infant, by Edmund Daudelin, Her Guardian ad Litem, et al., Respondents, v. State of New York, Appellant. Edmund Daudelin, Respondent, v. State of New York, Appellant. John Clifford, Respondent, v. State of New York, Appellant. Marion MacDuff, Respondent, v. State of New York, Appellant.
    (Claim No. 28893.)
    (Claim No. 28894.)
    (Claim No. 28895.)
    (Claim No. 28896.)
    (Claim No. 28947.)
    Argued October 15, 1952;
    decided October 23, 1952.

      Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for appellant.

      M. James Gonboy, John B. Cummins, John Doherty and Carl 0. Olson for respondents.
   Judgments affirmed, with costs; no opinion.

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


text:
    John Bisbano et al., Respondents, v. 42-20 Restaurant Corp. et al., Appellants.
    Submitted October 20, 1952;
    decided October 23, 1952.

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


text:
    Cadman Memorial Congregational Society of Brooklyn et al., Suing on Behalf of Themselves and Other Congregational Christian Churches Similarly Situated, Appellants, v. Helen Kenyon, as Moderator of the General Council of the Congregational Christian Churches, Respondent.
    Submitted October 6, 1952;
    decided October 23, 1952.

      Loren N. Wood for motions.

      Kenneth W. Greenawalt, Joseph Diehl Fackenthal and John H. Barber opposed.
   Motion granted to the extent that the appeal is dismissed.

Motion as to Exhibit 28 denied without prejudice to the right to hand up the original thereof upon the oral argument.


text:
    Edwin R. La Vin, Appellant and Respondent, v. Russell C. La Vin et al., Respondents and Appellants.
    Submitted October 6, 1952;
    decided October 23, 1952.

      Leo E. Sherman for defendants’ motions and in opposition to plaintiff’s motion.

      Meyer Kraushaar for plaintiff’s motion and in opposition to defendants’ motions.
   Motion to dismiss plaintiff’s appeal from the judgment of the Appellate Division modifying an award of counsel fees and disbursements denied.

Motion to dismiss plaintiff’s appeal from the two intermediate orders of the Appellate Division granted and appeal dismissed.

Motion to dismiss defendants’ appeal granted unless defendants within ten days from the date of this order serve and file the required undertaking, in which event motion denied.

Motion to compel plaintiff to include defendants’ notice of appeal in the record on appeal and for assessment of printing costs denied. (See Cowan v. Residential Builders of Russell Gardens, 303 N. Y. 978.)


text:
    Edwin R. La Vin, Appellant, v. Travelers Indemnity Company, Respondent.
    Submitted October 6, 1952;
    decided October 23, 1952.

      Leo E. Sherman for motion.

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


text:
    In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property from Second Avenue to West 155th Street, and Adjoining Property, Borough of Manhattan, Required for Harlem River Drive. Julianson’s Realty Co., Inc., et al., Respondents.
    Submitted October 14, 1952;
    decided October 23, 1952.

      Orrin G. Judd and Theodore Miller for motion.

      Denis M. Hurley, Corporation Counsel (Harry E. O’Donnell and Samuel K. Handel of counsel), opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion. The ruling in Matter of City of New York (Whitestone Bridge Approach) (293 N. Y. 684) is applicable to the condemning authority as well as to the owners of the property condemned.


text:
    In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property from Second Avenue to West 155th Street, and Adjoining Property, Borough of Manhattan, Required for Harlem River Drive. BradleyMahony Coal Corp. et al., Respondents. In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property along Harlem River between Second Avenue and East 140th Street, Borough of Manhattan, Required for Improvement of Waterfront and Harbor. Bradley-Mahony Coal Corp. et al., Respondents.
    Submitted October 20, 1952;
    decided October 23, 1952.

      William A. Lamb for motion.

      Denis M. Hurley, Corporation Counsel (Samuel K. Handel of counsel), opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion. See memorandum in Matter of City of New York (Harlem Riv. Drive-Julianson’s Realty Co.) (304 N. Y. 785), decided herewith.


text:
    In the Matter of the Arbitration between United Piece Dye Works, Respondent, and Emil Rieve, as General President of Textile Workers Union of America, C. I. O., et al., Appellants. In the Matter of the Arbitration between Emil Rieve, as General President of Textile Workers Union of America, C. I. O., et al., Appellants, and United Piece Dye Works, Respondent.
    Submitted October 6, 1952;
    decided October 23, 1952.

      Lester G. Migdal, Benjamin Wyle and Carl Raehlin for motion.

      Harry G. Liese and Herman Goldman opposed.
   Motion dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Mid-States Freight Lines, Inc., et al., Appellants, v. Spencer E. Bates et al., Constituting the State Tax Commission, Respondents.
    Submitted October 14, 1952;
    decided October 23, 1952.
   Motion for reargument denied. Motion to amend remittitur granted to the extent indicated: Return of remittitur requested and when returned it will be amended by adding thereto the following: Questions under the Federal Constitution were presented and passed upon by the Court of Appeals, viz., whether article 21 of the Tax Law of the State of New York, as construed by the Tax Commission, is repugnant to the interstate commerce provision of section 8 of article I of the Federal Constitution, or to the Fourteenth Amendment of the Federal Constitution. The Court of Appeals held that the aforesaid statute as so construed is not repugnant to the interstate commerce provision or to the Fourteenth Amendment of the Federal Constitution, [See 304 N. Y. 700.]


text:
    Rhode Island Hospital Trust Company, as Trustee, Respondent, v. Claude Neon, Inc., Appellant.
    Submitted October 20, 1952.

      Harold I. Meyerson for motion.

      Abraham Botwein for appellant.
   Motion withdrawn.


text:
    The People of the State of New York, Respondent, v. Harry Gross, Appellant.
    Argued October 20, 1952;
    decided October 24, 1952.

      Jacob W. Friedman and Michael Kern for appellant.

      Miles F. McDonald, District Attorney (Aaron E. Koota and Julius 3elf and 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 Ray Sales Co., Inc., Respondent. Celka Store Fixture Co., Inc., Appellant.
    Argued October 10, 1952;
    decided October 24, 1952.

      Murray Zeiger for appellant.

      David Haar for 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 Wayne A. Dodge, Respondent, against Wm. J. Keller, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 16, 1952;
    decided October 24, 1952.

      Charles P. Barre 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 Carl Bernhardt, Respondent, against Curtiss-Wright Corporation et al., Appellants, and Spencer Lens Co. et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued October 16, 1952;
    decided October 24, 1952.

      Frank C. Roberts for appellants.

      Arthur J. Maloney and Percy R. Smith for Spencer Lens Co. and another, respondents.

      Clyde M. Williams for Norton Laboratories, Inc., and another, respondents.
   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 Emma T. Mittelstaedt, Deceased. Harriet A. Mittelstaedt, Respondent; Edward L. Mittelstaedt, Appellant.
    Argued October 15, 1952;
    decided October 24, 1952.

      Albert I. Gollens and Myron J. Kleban for appellant.

      John Goodrum Miller for respondent.
   Appeal dismissed, with costs, upon the authority of Matter of Bishop (301 N. Y. 498, 500).

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 304 N. Y. 797.]


text:
    Homer L. Householder, Respondent, v. Town of Grand Island, Erie County, Appellant.
    Submitted October 23, 1952;
    decided October 24, 1952.

      Wortley B. Paul for motion.

      John B. Weaver opposed.
   Motion denied, with $10 costs and necessary printing disbursemeuts, upon the ground that an appeal lies as of right.


text:
    In the Matter of the Probate of the Will of Emma T. Mittelstaedt, Deceased. Harriet A. Mittelstaedt, Respondent; Edward L. Mittelstaedt, Appellant.
    Submitted October 24, 1952;
    decided October 24, 1952.

      Albert I. Gollens for motion.

      John Goodrum Miller opposed.
   Motion denied. [See 304 N. Y. 795.]


text:
    The People of the State of New York, Respondent, v. Edward H. Kelly, Appellant.
    Submitted October 24, 1952;
    decided October 24, 1952.
   Application to amend remittitur granted. Upon the hearing of the motion for reargument of the appeal herein, there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: The defendant-appellant argued that he had been deprived of due process of law under the Fourteenth Amendment of the Constitution of the United States in each of the following respects: (a) The denial of his motion for a new trial on the ground of newly discovered evidence and for related relief; and (b) the denial of his application on that motion to permit the State-employed psychiatrist'to be examined on his behalf. Upon the appeal herein and upon the motion for reargument thereof, there was presented and necessarily passed upon the following contention in respect of proceedings at the trial culminating in the judgment of conviction, viz.: That defendant was denied a fair trial. In respect of each of the above questions, the Court of Appeals held that there was no violation of any right guaranteed to the defendant-appellant by the Constitution of the United States. [See 304 N. Y. 662, 760.]


text:
    The People of the State of New York, Respondent, v. Stephen D. Lewis, Appellant.
    Argued October 14, 1952;
    decided November 20, 1952.

      William Eter and Ely Eber for appellant.

      Wallace J. Stahel, District Attorney, for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. [See 304 N. Y. 881.]


text:
    The People of the State of New York, Respondent, v. William H. Draper, Appellant.
    Argued October 14, 1952;
    decided November 20, 1952.

      Herbert W. Lacy and Leon Katzen for appellant.

      Clarence J. Henry, District Attorney, for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Lewis, Conway, Desmond, Dye and Fuld, JJ. Loitghban, Ch. J., and Fboessel, J., dissent and vote to order a new trial in the following memorandum: The defendant’s constitutional protection against compulsory self incrimination was invaded when the trial prosecutor commented adversely and at length upon the defendant’s refusal to take a truth serum test (see People v. Forte, 277 N. Y. 440; 8 Wigmore on Evidence [3d ed.], §§ 2272-2273). The further comment of the District Attorney to the jury that they should not be misled by any idea that this defendant, who pleaded insanity, may be confined permanently to a hospital, thus suggesting that he might be released, was also improper. [See 304 N. Y. 881.]


text:
    In the Matter of Nick Cost et al., Appellants. Nicholas Benetos et al., Respondents.
    Argued October 16, 1952;
    decided November 20, 1952.

      Isidor Unger for appellants.
    No appearance for respondents.
   Order affirmed, without costs. Question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of the Claim of Francis J. Benz, Respondent, against Knights of St. John Club et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 16, 1952;
    decided November 20, 1952.

      J ohn F. Gates for appellants.

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

Concur-: Loughran, Ch. J., Conway, Dye, Fuld and Froessel, JJ. Lewis and Desmond, JJ., dissent and vote to reverse and dismiss the claim on the ground claimant, an executive officer of the employer, excluded himself from compensation coverage pursuant to and in accordance with subdivision 6 of section 54 of the Workmen’s Compensation Law, as it then read.


text:
    Jacob Meyerson, Appellant and Respondent, v. Mollie Weissman, Respondent and Appellant.
    Argued October 21, 1952;
    decided November 20, 1952.

      Benjamin M. Goldstein for appellant-respondent.

      Ellsworth Baker for respondent-appellant.
   Judgment affirmed, without 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. Philip Orlando, Appellant.
    Argued October 20, 1952;
    decided November 20, 1952.

      Harry 6r. Anderson for appellant.

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

Concur: Loughrax, Ch. J., Lewis, Coxway, Desmoxd, Dye, Fuld and Froessel, JJ.


text:
    The People of the State of New York, Respondent, v. Samuel Bosworth, Appellant.
    Argued October 10, 1952;
    decided November 20, 1952.

      Maurice Edelbaum for appellant.

      Miles F. McDonald, District Attorney (Aaron Nussbaum of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    25 Fifth Ave. Management Co., Inc., Appellant, v. Ivor B. Clark, Inc., Respondent.
    Argued October 20, 1952;
    decided November 20, 1952.

      A. L. Sainer, Benjamin Schaffer, Harry B. Frank and Walter Janoff for appellant.

      Alexander Pfeiffer and Clarence S. Barasch 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 Zlota Baczkowska, Respondent, against 2166 Operating Corp. et al., Appellants.
    Argued October 21, 1952;
    decided November 20, 1952.

      James G. Purdy for appellants.

      Myron P. Gordon, Jacob Landau and Jacob J. Budner for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Arbitration between Franz Rosenthal, Inc., Respondent, and Kurt Tannhauser, Appellant.
    Argued October 15, 1952;
    decided November 20, 1952.

      Emanuel Taclmr and Michael Koses for appellant.

      Myron J. Greene and Chester Inwald for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Fleschner Bros., Inc., Appellant, v. Consolidated Edison Company of New York, Respondent.
    Argued October 17, 1952;
    decided November 20, 1952.

      Jonas J. Shapiro and Janet Perlman for appellant.

      John J. Keegan, John D. Gray and William F. McCauley for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Dye and Feoessel, JJ. Desmond and Fuld, JJ., dissent and vote to reverse the judgment of the Appellate Division and to affirm the judgment of Trial Term for the reasons specified in the opinion of Trial Term.


text:
    In the Matter of Texas Company, Appellant, against John S. Sinclair et al., Constituting the Zoning Board of Appeals of the City of Mount Vernon, Respondents.
    Argued October 21, 1952;
    decided November 20, 1952.

      Arthur H. Ellis and Manlio M. Liccione for appellant.

      Marry Zimmerman, Corporation Counsel (William Macy of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Ralph B. Wattley, Appellant, against State Rent Commission et al., Respondents.
    Argued October 16, 1952;
    decided November 20, 1952.

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

      Beatrice Shainswit and Robert H. Schaefer for respondents.

      Robert S. Fougner for Tenant Owned Apartments Association, amicus curice, in support of respondents’ position.
   Order affirmed, with costs; no opinion.

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


text:
    Rose M. Day, Respondent, v. Grand Union Company, Appellant, et al., Defendants.
    Argued October 17, 1952;
    decided November 20, 1952.

      Thomas F. Tracy and Charles B. Sullivan for appellant.
    ■ James A. Leary, Walter A. Fullerton and Francis J. Keehan for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. Plaintiff established prima facie a cause of action in negligence. We pass upon no other question. No opinion.

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


text:
    In the Matter of the Claims of Israel Levy et al., Respondents. Todd Shipyards Corporation, Appellant; Edward Corsi, as Industrial Commissioner, Respondent. In the Matter of the Claims of Jose Cabassa et al., Respondents. Todd Shipyards Corporation, Appellant; Edward Corsi, as Industrial Commissioner, Respondent.
    Argued October 21, 1952;
    decided November 20, 1952.

      Robert B. Lisle and Harry G. Hill for appellant.

      Herman A. Gray for claimants-respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Manuel Murillo, as Administrator of the Estate of Lillian Murillo, Deceased, et al., Appellants, v. Abraham Siegel et al., Defendants, and Consolidated Edison Company of New York, Inc., Respondent.
    Argued October 22, 1952;
    decided November 25, 1952.

      Sidney J. Loeb, Harry A. Sindell and Irving Payson Zinbarg for appellants.

      John M. Keegan and William F. McCauley for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Henry Stern, Appellant, against Edward T. McCaffrey, as Commissioner of Licenses of the City of New York, Respondent.
    Argued October 22, 1952;
    decided November 25, 1952.

      Sidney Grossman for appellant.

      Denis M. Hurley, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Dominick Marco, Appellant, against Municipal Civil Service Commission of the City of New York et al., Respondents.
    Argued October 22, 1952;
    decided November 25, 1952.

      Joseph H. Stein and Harry V. Kaplan for appellant.

      Denis M. Hurley, Corporation Counsel {Henry J. Shields and Seymour B. Quel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Twentyfive Broadway Corporation, Appellant, against Tax Commission of the City of New York, Respondent.
    Argued October 22, 1952;
    decided November 25, 1952.

      Sol Pottish, George L. Genung and Harry L. Ettinger for appellant.

      Denis M. Hurley, Corporation Counsel (Edith I. Spinach and Morris Handel 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. Walter Stein and Herman Stein, Appellants, et al., Defendants.
    Argued October 23, 1952;
    decided November 25, 1952.

      Edward H. Levine, Isaac Putterman and Vernon C. Rossner for appellants.

      Frank 8. Bogan, District Attorney (Charles W. Manning and Richard G. Denser of counsel), for respondent.
   Judgment affirmed; no opinion. /

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. [See 305 N. Y. 566.]


text:
    Florence Mitchell et al., Appellants, v. Adam Hat Stores, Inc., Respondent, et al., Defendants.
    Argued October 22, 1952;
    decided November 25, 1952.

      Robert E. Curran for appellants.

      Archie B. Morrison, William S. O’Connor, Robert A. Dwyer and Gregory A. Lee for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Josephine M. Drummy, Respondent, v. Eli J. Oxman, Appellant.
    Submitted November 17, 1952;
    decided November 25, 1952.

      William G. Morris for motion.

      John, V. Higgins 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 Robert Colegrove, Appellant, against Department of Public Works of State of New York et al., Respondents.
    Submitted November 17, 1952;
    decided November 25, 1952.

      Nathaniel L. Goldstein, Attorney-General (George H. Rothlauf of counsel), for motion.

      Wilbur F. Knapp opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that no constitutional question is presented. [See 304 N. Y. 948.]


text:
    The People of the State of New York, Respondent, v. Charles Varelli, Appellant.
    Submitted November 17, 1952;
    decided November 25, 1952.
   Motion for reargument denied. [See 302 N. Y. 641.]


text:
    Rhode Island Hospital Trust Company, as Trustee, Respondent, v. Claude Neon, Inc., Appellant.
    Submitted November 17, 1952;
    decided November 25, 1952.

      Harold I. Meyerson for motion and in opposition to cross motion.

      Abraham Botwein for cross motion and in opposition to/ motion.
   Motion to dismiss appeal 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.

Cross motion for leave to appeal 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:
    Breswick & Co. et al., as Stockholders of Harrison-Rye Realty Corporation, on Behalf of Themselves and All Other Stockholders of Said Corporation Similarly Situated, Respondents, and Florence W. Brill, as Owner and Holder of Common and Class B Preferred Stock of Said Corporation, et al., Interveners, Appellants, v. Harrison-Rye Realty Corporation et al., Respondents; Commodore Hotel, Inc., Impleaded Defendant-Respondent, et al., Defendants.
    Submitted November 17, 1952;
    decided November 25, 1952.

      James D. Hopkins, 'William F. Bleakley, Hiram G. Tocld and John J. Dillon for motions.

      George E. Fetter opposed.
   Motions 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:
    In the Matter of the Accounting of Herman Levin, as an Executor of Morris Levin, Deceased. Herman Levin, Individually and as an Executor of Morris Levin, Deceased, Appellant and Respondent; Belle L. Burrill et al., Respondents and Appellants.
    Submitted November 17, 1952;
    decided November 25, 1952.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 535.]


text:
    In the Matter of the Probate of the Will of Jean Townsend, Deceased. Philip L. Zenner et al., Appellants; Otto Townsend et al., Respondents.
    Submitted November 17, 1952;
    decided November 25, 1952.

      John J. Mahon for motions.

      Philip L. Zenner, in person, Norman M. Pinshy and Nicholas J. Changóse opposed.
   Motions denied, with $10 costs.


text:
    The People of the State of New York, Respondent, v. James Mason, Jr., Appellant.
    Submitted November 17, 1952;
    decided November 25, 1952.
   Motion for reargument denied. [See 245 N. Y. 617.]


text:
    Franmor Realty Corporation, Appellant, v. Village of Old Westbury, Respondent.
    Submitted November 17, 1952;
    decided November 25, 1952.

      Henry Epstein and Jacob Abrams for motion.
    J. Oalcey McKnight 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 and is not encompassed within subdivision 2 of section 589 of the Civil Practice Act.


text:
    The People of the State of New York, Respondent, v. Camilo Weston Leyra, Appellant.
    Submitted November 17, 1952;
    decided November 25, 1952.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States: Whether the defendant was deprived of due process guaranteed by the Fifth and Fourteenth Amendments thereof in the admission into evidence of the confessions of the defendant and in the admission into evidence of the testimony given by defendant at a prior trial. The Court of Appeals held that the rights of the defendant under the Fifth and Fourteenth Amendments of the Constitution of the United States had not been violated or denied. [See 304 N. Y. 468.]


text:
    John H. Nichols et al., Appellants, v. Item Publishers, Inc., Respondent.
    Submitted November 17, 1952;
    decided November 25, 1952.

      Joseph Reeback for motion.

      Sydney Snitow and Melvel W. Snitow 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. [See 305 N. Y. 566.]


text:
    Bernard R. Lieberman, Appellant, v. Lucille E. Chance, Respondent, et al., Defendants.
    Submitted November 17, 1952;
    decided November 25, 1952.

      Maurice W. Grey for motion.

      Bernard B. Lieberman, in person, and Nathan L. Lieberman for appellant.
   Motion withdrawn.


text:
    In the Matter of the Application of Coplin Yaras, Respondent. City of Albany, Appellant.
    Submitted October 20, 1952;
    decided November 26, 1952.

      Ernest B. Morris for motion.

      Bussell G. Hunt, Corporation Counsel, opposed.
   Motion denied, with leave to renew upon the argument.


text:
    Douglas L. Elliman & Co., Inc., Appellant, v. Sterling Garage, Inc., Respondent.
    Argued November 17, 1952;
    decided December 4, 1952.

      Alexander Pfeiffer and Clarence S. Barasch for appellant.

      Philip Robbins and Adolph 8. Ziegler for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Victor Vega and Eliseo Gonzales, Appellants.
    Argued October 23, 1952;
    decided December 4, 1952.

      Robert R. Kaufman and Francis A. Too'mey for appellants.

      Frank S. Hogan, District Attorney (Harold Roland Shapiro and Charles W. Manning of counsel), for respondent.
   Judgments reversed and a new trial ordered on the opinion of Shientag, J., in the Appellate Division. (279 App. Div. 739.) No opinion.

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


text:
    Virgie Edwards, as Administratrix of the Estate of Ervin Edwards, Deceased, Plaintiff, v. Sophkirsh Holding Corp., Defendant and Third-Party Plaintiff-Appellant. Fairbanks Fuel Corp., Third-Party Defendant-Respondent.
    Submitted November 17, 1952;
    decided December 4, 1952.

      Abraham Richmond and Norman Lustig for appellant.

      Robert E. Curran and William R. Ahmuty, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Sanford R. Cowan et al., Appellants and Respondents, v. Residential Builders of Russell Gardens, Inc., Respondent and Appellant.
    Argued November 17, 1952;
    decided December 4, 1952.

      Myron Kommel and Bernard M. Kommel for appellants-respondents.

      jHenry W. Schober and Walter JD. Grant for respondent-appellant.
   Judgment affirmed, without costs; no opinion.

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


author: Lewis, J.

text:
    Wholesale Service Supply Corporation, Appellant, v. Wholesale Building Materials Corp., Respondent.
    Argued October 21, 1952;
    decided December 4, 1952.

      George B. Fear on for appellant.

      Martin F. Kendrick, Laurence Sovik and William J. Mackay for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Conway, Desmond, Dye, Ftjld and Froessel, JJ. Lewis, J., dissents in the following opinion.

Lewis, J.

(dissenting). I read this record as establishing that the plaintiff has so used the word Wholesale ” in its corporate name and in advertisements and facilities by which its business is promoted, that the word itself has acquired a secondary meaning entitling it to protection. There is evidence of confusion in the past resulting from the defendant’s use of the word Wholesale ” — confusion to which reference is made in the opinion by the Appellate Division (280 App. Div. 189, 190) —and likelihood that, in the future, the defendant’s continued use of that word in the promotion of its business is liable to lead to further confusion. In a competitive field “ * * * it is the duty of a subsequent trader not to market his goods in such a manner as ultimately to cause actual or likely confusion between the operation of his own business and that of a prior trader. Where there is either an actual or/ probable tendency toward public deception, the absence of á fraudulent intent on the part of the subsequent trader affords no basis upon which to predicate a denial of the prior trader’s application for equitable intervention in protection of his rights.” (Rainbow Shops v. Rainbow Specialty Shops, 176 Misc. 339, 340.) In that connection it is established law that an injunction lies to restrain simulation and use by one corporation of the name of another which tends to lead to confusion and enables the imitator to obtain business or other advantage as a result of the confusion. (Higgins Co. v. Higgins Soap Co., 144 N. Y. 462, 468-471; American Foundries v. Robertson, 269 U. S. 372, 381; Standard Oil Co. of New Mexico v. Standard Oil Co. of Cal., 56 F. 2d 973, 977.)

Mindful, as I am, that “ It is the liability to deception which the remedy [of injunction] may be invoked to prevent ” (T. A. Vulcan v. Myers, 139 N. Y. 364, 367, and see 2 Nims, Unfair Competition and Trade-Marks [4th ed.], p. 1049) and that the plaintiff ih the present case is not required to wait until the simulated use by the defendant of the word Wholesale ” has been * * * continued for such a length of time as to cause some substantial pecuniary loss ” (T. A. Vulcan v. Myers, supra, p. 368); and there being no rule of law which requires the plaintiff to prove bad faith or monetary loss as a basis for injunctive relief to prevent the use of a name which is likely to lead to confusion (Tiffany & Co. v. Tiffany Productions, 147 Misc. 679, 681, affd. 237 App. Div. 801, affd. 262 N. Y. 482; New York World’s Fair 1939 v. World’s Fair News, 163 Misc. 661, 664-666), I dissent from the decision about to be made and vote for reversal and reinstatement of the judgment entered upon the order of Special Term.


text:
    1165 Park Avenue Corporation, Appellant, v. Joseph D. McGoldrick, as State Rent Administrator, et al., Respondents.
    Argued October 23, 1952;
    decided December 4, 1952.

      Robert Fougner for appellant.

      Norman S. Fenton and Robert H. Schaffer for Joseph D. McGoldrick, State Rent Administrator, respondent.

      Eugene J. Morris and Norman Sternlieb for A. Heiman and others, respondents.
   Judgment affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 304 N. Y. 980.]


text:
    Teeval Co., Inc., Appellant, v. Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Argued October 23, 1952;
    decided December 4, 1952.

      Robert 8. Fougner for appellant.

      Norman 8. Fenton and Robert H. Schaffer for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 304 N. Y. 981.]


text:
    Continental Ribbon Cutters, Inc., Appellant, v. Long Properties, Inc., et al., Respondents.
    Argued November 17, 1952;
    decided December 4, 1952.

      Leo Brown and Albert P. Singman for appellant.

      Morris Wagman and Irving Sheinfeld for Long Properties, Inc., and others, respondents.

      R. Robert Hochman for 202-4 East 29th Street Corp.* respondent.

      Edward 8. Friedland for Isaac Cropper and others, respondents.
   Judgments affirmed, with costs; no opinion.

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


text:
    Anthony Palazzolo, Respondent, v. Park 75th Corporation et al., Appellants, et al., Defendants.
    Argued October 21, 1952;
    decided December 4, 1952.

      William F. McNulty for appellants.

      Bernard Meyerson, Morris L. Meshel and Gustave G. Rosenberg for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lottghban, Ch. J., Desmond, Dye, Ftjld and Fboessel, JJ. Lewis and Conway, JJ., dissent and vote for reversal and a new trial upon the ground that there was erroneously received in evidence expert testimony that the window sash involved herein was not so constructed that it could be cleaned from the inside within the intendment of the rules and regulations of the Board of Standards and Appeals and of Section 202 of the Labor Law.” (Dougherty v. Milliken, 163 N. Y. 527, 533-534.)


text:
    Walter A. Gorman et al., Appellants, v. City of New York et al., Respondents.
    Argued October 24, 1952;
    decided December 4, 1952.

      James H. Tully, Truman II. Luhrman and Edward J. McGowan for appellants.

      Denis M. Hurley, Corporation Counsel (W. Bernard Richland and Pauline K. Berger of counsel), for respondents.

      Miles F. McDonald, District Attorney of Kings County {Aaron Nussbaum and Aaron E. Koota of counsel), amicus curios, in support of respondents’ position.

      David Du Vivier and William Mason Smith, Jr., for the Association of the Bar of the City of New York, amicus curios, in support of respondents ’ position.

      Frank S. Hogan, District Attorney of New York County {Richard G. Denser and Charles W. Manning of counsel), amicus curios, in support of respondents’ position.

      Samuel D. Smoleff, Laurence Arnold Tanser and Bernard Hershkopf for The Citizens Union of the City of New York, amicus curios, in support of respondents ’ position.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. [See 304 N. Y. 973.]


text:
    In the Matter of a Plan for Readjustment of the Rights of Holders of Investments in a Mortgage Covering 136 to 138 West 55th Street, Borough of Manhattan, Guaranteed by Lawyers Title and Guaranty Company. (Mortgage No. 430,326.) In the Matter of the Accounting of Samuel J. Krinn, as Trustee, Respondent. 138 West 55th Street Corporation, Appellant.
    Argued November 18, 1952;
    decided December 4, 1952.

      Stephen S. Bernstein and Frederick B. Bailen for appellant.

      Louis M. Fribourg and Albert W. Fribourg for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Bennington Corporation, Respondent, v. Citation Fabrics Corporation, Appellant.
    Submitted November 24, 1952;
    decided December 4, 1952.

      Martin N. Whyman and Frederick E. M. Ballon for motion.

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


text:
    In the Matter of the Incorporated Village of Hempstead, Nassau County, Appellant, Relative to Acquiring Title to Real Property Situated in Said Village for Use as Parking Places. Eugene Fichter et al., Respondents.
    Submitted November 17, 1952;
    decided December 4, 1952.

      G. H. Tunnicliffe Jones and George P. Krug for motion.

      T. Bernard Eisenstein and George I. Melter 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 and is not encompassed within subdivision 2 of section 589 of the Civil Practice Act.


author: Per Curiam.

text:
    Yoshi Ogino, Appellant and Respondent, v. Bernard C. Black, Respondent and Appellant, et al., Defendants.
    Argued October 16, 1952;
    decided December 5, 1952.

      Robert Aronstein and William B. Aronstein for appellant-' respondent.

      John F. X. Finn and Norman C. Mendes for respondent-appellant.
   Per Curiam.

So much of the order of the Appellate Division as affirmed the Special Term orders appealed from, to the extent that they strike out the first two separate affirmative defenses in the amended answer, is affirmed, without costs, and the first, third and fourth certified questions are answered in the affirmative. To answer the second certified question would determine the very issue which the Appellate Division decided should “ await an examination of North Carolina law at such time as the merits of this defense may be considered.” (278 App. Div. 146, 150.) We have no such advisory jurisdiction (Mary Lincoln Candies v. Department of Labor of State of N. Y., 289 N. Y. 262; Schenck v. Barnes, 156 N. Y. 316; Coatsworth v. Lehigh Valley R. R. Co., 156 N. Y. 451); indeed, we refrain at this time from indicating any view as to the sufficiency of defendant’s third affirmative defense. Moreover, the reservation of that issue rests on a proper exercise of discretion (Rules Civ. Prac., rule 103), and thus no decisive question of law is presented for review (Braunworth v. Braunworth, 285 N. Y. 151; Mencher v. Chesley, 297 N. Y. 94).

Accordingly, the second certified question is not answered, and the appeal from that part of the order of the Appellate Division which reversed in part the two orders of Special Term and reinstated the third affirmative defense in the amended answer, is dismissed, without costs.

On the appeal of appellant-respondent: The order should be affirmed, without costs; the first, third and fourth questions certified are answered in the affirmative.

On the appeal of respondent-appellant: The appeal should be dismissed, without costs; the second question certified is not answered.

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

On appeal of appellant-respondent: Order affirmed, etc.

On appeal of respondent-appellant: Appeal dismissed, etc.


text:
    Joseph Cardinal, Doing Business under the Name of Cardinal Engineering Company, Appellant and Respondent, v. State of New York, Respondent and Appellant.
    (Claim No. 28951.)
    Submitted December 1, 1952;
    decided December 5, 1952.
   Motion to amend remittitur denied, with $10 costs. The question of interest in this cause is, in the first instance, for the Court of Claims to pass upon. [See 304 N. Y. 400.]


text:
    In the Matter of the City of New York, Appellant and Respondent, Relative to Acquiring Title to Real Property Bounded by Morris Park Avenue and Other Streets, in the Borough of The Bronx, Selected as a Site for a New General Hospital and a New Tuberculosis Hospital. Marie Cinelli, Respondent and Appellant.
    Submitted November 17, 1952;
    decided December 5, 1952.

      Anthony Romano for motion.

      Denis M. Hurley, Corporation Counsel (Harry E. O’Donnell, Reuben Levy and Joseph J. Dunn of counsel), opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of the Probate of the Will of Emma T. Mittelstaedt, Deceased. Harriet A. Mittelstaedt, Respondent; Edward L. Mittelstaedt, Appellant.
    Submitted November 24, 1952;
    decided December 5, 1952.

      John Goodrum Miller for motion.

      Albert I. Gollens opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of the Public Service Commission of the State of New York, Appellant, against Alfred V. Norton, a Justice of the Supreme Court of the State of New York, et al., Respondents.
    Submitted December 1, 1952;
    decided December 5, 1952.

      Lawrence E. Walsh, Counsel, for motion for leave to appeal and in opposition to motion to dismiss.

      Denis M. Hurley, Corporation Counsel (James J. Thornton, John F. Kelly, Francis I. Howley and John A. Murray of counsel), for motion to dismiss and in opposition to motion for leave to appeal.
   Motion for leave to appeal granted.

Motion to dismiss appeal taken as of right on constitutional grounds granted and appeal dismissed. [See 304 N. Y. 522.]


text:
    Waterman Corporation et al., Respondents, v. James M. Johnston et al., Defendants, and Rhode Island Insurance Company et al., Respondents. Lucille Kalt, Objecting Stockholder, Appellant.
    Submitted November 17, 1952;
    decided December 5, 1952.

      Bijur & Herts for motion.

      Harold F. Levin, Norman Moloshok, Maurice Mound, Isidor J. Kresel and Harold I. Meyerson opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the moving party is not a party aggrieved by the judgment entered below.


text:
    In the Matter of the Accounting of I. Arthur Rosenberg et al., as Executors of Davis Kessler, Deceased. Samuel H. Cohen, Appellant; I. Arthur Rosenberg et al., as Executors under the Joint Will of Davis Kessler, Deceased, and Another, Deceased, Respondents.
    Submitted November 17, 1952;
    decided December 5, 1952.

      Samuel H. Cohen, in person, for motion.

      David Stein opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of the City of New York, Acting for and on Behalf of the New York City Housing Authority, Respondent, Relative to Acquiring Title to Real Property within the Area Bounded by Lawrence Street and Other Streets Required for the Flushing Houses, in the Borough of Queens. John Harding, Appellant.
    Submitted December 1, 1952;
    decided December 5, 1952.
   Motion for reargument of motion for leave to appeal denied. [See 304 N. Y. 758.]


text:
    The People of the State of New York, Respondent, v. William H. Draper, Appellant.
    Submitted January 5, 1953;
    decided January 7, 1953.
   Motion for reargument denied. All concur except Desmond and Froessel, JJ., who dissent and vote to grant reargument. Motion to amend 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 the following questions: (1) whether the prosecutor, in violation of defendant’s constitutional rights ^gainst self incrimination, had implied in his summation that defendant’s refusal to submit to a truth serum test was evidence of'his guilt; (2) whether the trial court had improperly stated his determination of a question of fact in the case; and (3) whether the prosecutor had improperly advised the jury to find the defendant guilty even if he were insane. The Court of Appeals held that the Fourteenth Amendment of the Constitution was not violated by the aforesaid statements of the District Attorney or the court. [See 304 N. Y. 799.]


text:
    The People of the State of New York, Respondent, v. Stephen D. Lewis, Appellant.
    Submitted January 7, 1953;
    decided January 7, 1953.
   Motion for reargument and to amend remittitur denied. [See 304 N. Y. 798.]


text:
    Martin Feuer et al., Respondents, v. Charles W. Brenning, Individually and as Town Superintendent of Highways of the Town of Cortlandt, et al., Appellants.
    Argued November 18, 1952;
    decided January 8, 1953.

      Robert E. Dempsey and Bartholomew A. Moynahan for appellants.

      Myle J. Holley and Robert F. Barrett for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Laura Novelli, as Limited Administratrix of the Estate of Joseph A. Novelli, Deceased, Appellant, v. Paul-Burke Realty Co., Inc., et al., Respondents.
    Argued November 18, 1952;
    decided January 8, 1953.

      Byron A. Johnson, Jr., for appellant.

      Murray De Leeuw and John J. Darcy for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Joseph Bianchi, Respondent, v. Loblaw Groceterias, Inc., Appellant.
    Argued November 19, 1952;
    decided January 8, 1953.

      Joseph Swart for appellant.

      George E. Phillies for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Herman Drucker, Plaintiff, v. Public Service Interstate Transportation Company et al., Defendants. Anthony Corpolongo, Appellant, v. Public Service Interstate Transportation Company et al., Respondents.
    Submitted November 18, 1952;
    decided January 8, 1953.

      Oliver J. Harper for appellant.

      John G. Coleman and Philip J. O’Brien for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Katherine Z. Fry, Respondent, v. Samuel E. Fry, Appellant.
    Argued November 19, 1952;
    decided January 8, 1953.

      Henry L. Bayles for appellant.

      George Levitus, William A. Kirk and Edgar A. Kniffin for respondent.
   Judgment affirmed, with costs; no opinion.

x Concur: Lottghban, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Feoessel, JJ.


text:
    In the Matter of Zoe C. Toumanoff, Respondent, against John F. O’Connell et al., Constituting the State Liquor Authority, et al., Appellants.
    Argued November 20, 1952;
    decided January 15, 1953.

      Alvin McKinley Sylvester and Lucille C. Bunsl for appellants.

      Harry Kalman and Milton A. Morrison for respondent.
   Orders reversed, with costs in all courts, and determination of State Liquor Authority reinstated. Petitioner’s premises are within 200 feet of a church and school, and it was not clearly shown that said premises had been maintained as a bona fide club or restaurant on or prior to December 5, 1933. (See Alcoholic Beverage Control Law, § 64, subd. 7.) No opinion.

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


text:
    Josephine Jones, as Administratrix of the Estate of James Wright, Deceased, Appellant, v. 416 Pleasant Avenue Holding Corp., Respondent.
    Argued November 24, 1952;
    decided January 15, 1953.

      Melvel W. Snitow and Sydney Snitow for appellant.

      Spero V. Soupios and Edward A. Harmon for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughrax, Ch. J., Lewis, Coxwat, Desmoxd, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of Salvatore Mingoia, Landlord, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Submitted December 1, 1952;
    decided January 15, 1953.

      Jacob Miller and M. Marc Spar for appellant.

      Harold Zucker and Robert H. Schaffer 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. Irwin Slater and Bess Bernard, Appellants.
    Argued December 4, 1952;
    decided January 15, 1953.

      Henry Epstein, Harold Wolfram and Joshua B. Bchoenberger for Irwin Slater, appellant.

      Michael Redder for Bess Bernard, appellant.

      Frank S. Hogan, District Attorney (Charles W. Manning and Richard G. Denser of counsel), for respondent.
   Judgment affirmed. Questions under the Federal Constitution were presented and necessarily passed upon, as follows: Both appellants contended that the statutes under which they were convicted (Social Welfare Law, §§ 371, 374, 389; Penal Law, § 487-a) are invalid in that they violate on their face, and as construed and as applied by the trial court, the due process clause of the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held that the statutes aforesaid do not violate the due process clause aforesaid. No opinion.

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


text:
    In the Matter of Raymond M. Fisher, Appellant, against New York State Employees’ Retirement System et al., Respondents.
    Argued November 21, 1952;
    decided January 15, 1953.

      John T. Be Graff for appellant.

      Nathaniel L. Goldstein, Attorney-General (Edward L. ■Ryan and Wendell P. Brown of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    North American Factors Corp., Respondent, v. Motty Eitingon, Inc., Appellant, et al., Defendants.
    Argued November 24, 1952;
    decided January 15, 1953.

      Arnold A. Jaffe for appellant.

      William M. Kahn and David W. Kahn for respondent.
   Order affirmed, with costs. Question certified answered in the negative. 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. Samuel Lesser, Appellant.
    Argued December 1, 1952;
    decided January 15, 1953.

      Charles P. Mints for appellant.

      Frank 8. Hogan, District Attorney {Stuart G. Schwarts and Charles W. Manning of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye and Fboessel,. JJ. Taking no part: Fuld, J. [See 305 N. Y. 569.]


text:
    The People of the State of New York, Appellant and Respondent, v. John P. Rollek, Respondent and Appellant, et al., Defendants.
    Argued December 3, 1952;
    decided January 15, 1953.

      Frank G. Raichle for appellant-respondent.

      Gordon Steele, District Attorney (Leonard Finkelstein of counsel), for respondent-appellant.
   On appeal by defendant Rollek: Judgment affirmed under the provisions of section 542 of the Code of Criminal Procedure. On appeal by People: Order affirmed. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fold and Froessel, JJ. [See 305 N. Y. 626.]


text:
    In the Matteer of New York State Guernsey Breeders’ Co-Operative, Inc., Appellant, against C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, et al., Respondents.
    Argued December 5, 1952;
    decided January 15, 1953.

      Stewart F. Hancoclc for appellant.

      Robert G. Bldbey and Donald L. Brush for Commissioner of Agriculture and Markets of the State of New York, respondent.

      Raymond F. Allen, Grantier Neville and T. Carl Nixon for Rochester Co-operative Milk Producers Bargaining Agency, Inc., and another, respondents.

      Wilford A. Le Forestier, Clinton M. Horn and Dean P. Taylor for Holstein-Friesian Association of America, respondent.

      Joe Schapiro for New York State Holstein-Friesian Association, respondent.

      Earl W. Brydges and Robert Lamont for New York State . Jersey Cattle Club, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Brown & Bigelow, Appellant, v. Remembrance Advertising Products, Inc., et al., Respondents.
    Argued November 18, 1952;
    decided January 15, 1953.

      Joe E. Daniels and Louis Kunin for appellant.

      Sydney D. Robins and Jacob Goodman for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Edward L. Sherman, Respondent, v. Gladys M. Sherman, Appellant.
    Argued November 21, 1952;
    decided January 15, 1953.

      Robert L. Callahan and Charles M. Sparacio for appellant.

      N. Holmes Clare for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Ida Marco, as Ancillary Administratrix of the Estate of Harry Marco, Deceased, a Stockholder in Blue Ridge Corporation, on Behalf of Himself and All Other Stockholders Similarly Situated, and on Behalf of Said Corporation, Respondent, v. Arthur Sachs et al., Appellants; Blue Ridge Corporation et al., Respondents, et al., Defendants.
    Argued November 24, 1952;
    decided January 15, 1953.

      Milton Pollack and Henry N. Ess, III, for appellants.

      David M. Palley and Morris Gottlieb for Ida Marco, respondent.

      Leo C. Fennelly for Blue Ridge Corporation and another, respondents.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    Albert Peterson et al., Respondents, v. Triborough Transportation Corp., Appellant.
    Argued November 26, 1952;
    decided January 15, 1953.

      Reid A. Curtis for appellant.

      Ralph Stout, Harry Landau and Robert J. Keegan for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Helen Wetzig, Appellant. Edward Corsi, as Industrial Commissioner, Respondent.
    Argued November 24, 1952;
    decided January 15, 1953.

      George Rifkin and Eugene Victor for appellant.

      Nathaniel L. Goldstein, Attorney-General (Francis R. Curran and Wendell P. Brown of ’counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Jamaica Water Supply Company, Appellant, v. City of New York, Respondent.
    Argued November 25, 1952;
    decided January 15, 1953.

      Charles G. Blakeslee, Arthur McCauley and John J. Donohue for appellant.

      Denis M. Hurley, Corporation Counsel (William A. Marks and Seymour B. Quel of counsel), for respondent.

      Henry Epstein and Thomas R. Sternau for Triborough Bridge and Tunnel Authority, amicus curiae, 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 Simone N. Gazan, Appellant, against Joseph S. Corbett et al., Constituting the Zoning Board of Appeals of the Town of Brookhaven, Suffolk County, Respondents, and Ocean Shore Realty Co., Inc., Respondent.
    Argued December 1, 1952;
    decided January 15, 1953.

      Simone N. Gazan, in person, and Le Boy B. Iserman for appellant.

      Douglas E. Brown for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 305 N. Y. 693.]


text:
    John B. Murphy et al., Respondents, v. Everett W. De Revere, Jr., Respondent; Salvatore Tarantelli et al., Defendants, and President and Trustees of the Village of Ossining, Appellants.
    Argued November 19, 1952;
    decided January 15, 1953.

      William F. McNulty and Tibaldo N. Marino for appellants.

      Donald A. Walsh for New York State Conference of Mayors and Other Municipal Officials, amicus curios, in support of appellants ’ position.

      Thomas J. O’Neill, Morton Sokol and Daniel Dansiger for plaintiffs-respondents.

      Oliver K. King for defendant-respondent.
   Judgments affirmed, with costs; no opinion.

Concur: Lewis, Conway, Dye and Froessel, JJ. Loughran, Ch. J., Desmond and Fuld, JJ., dissent and vote for reversal of the judgments and dismissal of the complaint.


text:
    In the Matter of Francis Every, Petitioner, and Harvey L. Every, an Infant, Respondent, against County of Ulster, Appellant.
    Argued November 24, 1952;
    decided January 15, 1953.

      Frederick E. Stang, County Attorney (Arthur A. Davis, Jr., of counsel), for appellant.

      John A. Bonomi for respondent.
   Order of Appellate Division reversed, without costs, and matter remitted to that court pursuant to section 606 of the Civil Practice Act for determination of the questions of fact. (See Rugg v. State of New York, 303 N. Y. 361.) 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. James Houskeeper, Appellant.
    Argued December 2, 1952;
    decided January 15, 1953.

      Robert J. Sterling and Leo E. Falhin for appellant.

      John F. Shaken, District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Appellant, v. Anonymous, Respondent.
    Argued December 4, 1952;
    decided January 15, 1953.

      Miles F. McDonald, District Attorney (Frank Di Lalla of counsel), for appellant.

      Max Solorsy for respondent.
   Order affirmed; no opinion.

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


text:
    Shirley Zimmerman, Appellant, v. Lester Zimmerman, Respondent.
    Submitted November 20, 1952;
    decided January 15, 1953.

      Jesse Moss for appellant.

      Melvin Kleeblatt and Stephen K. Rapp for respondent appearing specially.
   Order affirmed, without costs. First question certified answered in the affirmative. Second question certified not answered. No opinion.

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


text:
    In the Matter of Ottavio Natalicchio, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Salvatore Losi, Intervener, Respondent.
    Argued November 24, 1952;
    decided January 15, 1953.

      Robert R. Kaufman for appellant.

      John V. Rrowne and Robert H. Schaffer for State Rent Administrator, respondent.

      Irving A. Oremland for intervener-respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Long Island Lighting Company, Appellant, against Incorporated Village of East Rockaway et al., Respondents.
    Argued November 26, 1952;
    decided January 15, 1953.

      Charles E. Elbert, David K. Kadane, Edward M. Barrett and Bertram D. Moll for appellant.

      W. Wesley Hill and Charles A. Bathhopf for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Louis V. Gazza, Appellant. Hilda Abelspies, Respondent.
    Argued December 2, 1952;
    decided January 15, 1953.

      Thomas A. McDonald for appellant.

      Richard G. Cotter and Willard D. Cotter for respondent.
   Order affirmed, without 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. William Vanderwyde, Appellant.
    Argued November 19, 1952;
    decided January 15, 1953.

      Rudolph Stand, Nelson Kantor and Thomas B. Galligan for appellant.

      Frank S. Hogan, District Attorney (Richard G. Denser and Paul A. Stone of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    David S. Fischman Associates, Inc., Appellant, v. Paplam Restaurant Co., Inc., et al., Respondents.
    Argued November 20, 1952;
    decided January 15, 1953.

      Julius Hallheimer and Henry G. Littau for appellant.

      Bernard Meyerson and Stephen S. Scopas for respondents.
   Per Curiam.

In this action for brokerage commissions we are of the opinion that the weight of the credible evidence clearly lies with the findings and judgment of the trial court insofar as plaintiff is awarded judgment against defendant Paplam Restaurant Co., Inc. We are further of the opinion that upon this record plaintiff has failed to prove a cause of action against the individual defendants. Accordingly, the judgment of the Appellate Division should be modified by reversing so much thereof as reversed the judgment of Trial Term in favor of plaintiff and against defendant Paplam Restaurant Co., Inc., and to that extent the judgment of Trial Term should be affirmed; except as so modified, the judgment of the Appellate Division should be affirmed, with costs to plaintiff against defendant Paplam Restaurant Co., Inc.

Loughean, Ch. J., Lewis, Conway, Desmond, Dye, Fund and Fboessel, JJ., concur.

Judgment accordingly.


text:
    In the Matter of the Application of Samuel Gellman, an Attorney, Appellant. Rosicato Builders, Inc., Plaintiff, v. Berrian & 45th Realty Corp. et al., Defendants. William Green, Doing Business under the Name of Green Construction Company, Respondent.
    Argued December 1, 1952;
    decided January 15, 1953.

      Samuel Gellman, appellant in person.

      Camilo Frank Ortloff and Samuel Weiss for respondent.
   Order affirmed, with costs; no opinion

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


text:
    Hughes Tool Company, Appellant and Respondent, v. United Artists Corporation, Respondent and Appellant.
    Argued December 2, 1952;
    decided January 15, 1953.

      Louis Niser and Walter S. Beck for appellant-respondent.

      Walter B. Mansfield, Sidney P. Howell, Jr., and William C. Garrett for respondent-appellant.
   Judgment affirmed, without costs; no opinion.

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


text:
    New York Water Service Corporation, Respondent, v. City of New York, Appellant.
    Argued December 4, 1952;
    decided January 15, 1953.

      Denis M. Hurley, Corporation Counsel (William A. Marks and Seymour B. Quel of counsel), for appellant.

      Milton S. Gould, George Trosk and Robert L. Boehm for respondent.
   Order affirmed, with costs. Questions certified answered in the affirmative. No opinion.

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


text:
    In the Matter of Joseph A. Manning et al., Respondents, against Lazarus Joseph, as Comptroller of the City of New York, Appellant.
    Submitted October 20, 1952;
    decided January 15, 1953.
   Motion for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 304 N. Y. 278.]


text:
    Josephine Jones, as Administratrix of the Estate of James Wright, Deceased, Appellant, v. 416 Pleasant Avenue Holding Corp., Respondent.
    Submitted November 24, 1952;
    decided January 15, 1953.

      Melvel W. Snitow for motion.
    No one opposed.
   Motion denied. (See Jones v. 416 Pleasant Ave. Holding Corp., 304 N. Y. 893, decided herewith.)


text:
    In the Matter of Robert Colegrove, Appellant, against Department of Public Works of State of New York et al., Respondents.
    Submitted November 24, 1952;
    decided January 15, 1953.

      Wilbur F. Knapp for motion.
    No one opposed.
   Motion dismissed upon the ground that the motion papers do not comply with rule 21 of the Rules of the Court of Appeals. [See 304 N. Y. 838.]


text:
    Doris M. Ivory, Individually and as Treasurer of Association of Private Office Personnel Agencies, Appellant and Respondent, v. Edward W. Edwards et al., as Members of the State Commission Against Discrimination, Respondents and Appellants.
    Argued November 25, 1952;
    decided January 16, 1953.

      William E. Vogel for appellant-respondent.

      Henry Spits and' Milton Rosenberg for respondents-appellants.
   On appeal by plaintiff: Judgment affirmed, without costs. On appeal by defendants: Appeal dismissed upon the ground that the part of the judgment sought to be appealed from does not finally determine the action within the meaning of the Constitution. No opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 305 N. Y. 560.]


text:
    In the Matter of Broadan Co., Inc., Respondent. Louis W. Yohann, Appellant.
    Argued January 6, 1953;
    decided January 21, 1953.

      George Jacobs, Herman B. Goodstein and Milton M. Sittenfield for appellant.

      Walter Lubarslcy and Joseph 8. Wohl for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lotjghrax, Ch. J., Lewis, Coxway, Desmoxd, Dye, Fuld and Froessel, JJ.


text:
    Robert T. Reiss, Appellant, v. Arabian American Oil Company, Respondent.
    Argued January 9, 1953;
    decided January 21, 1953.

      Samuel Cooperman and Albert Weiss for appellant.

      Louis F. Huttenlocher and Thomas F. Barry for respondent.
   Judgment affirmed, without 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 Costas Apostalou, Deceased. Sidney O. Simonson, Respondent; Mary Nicholas, Appellant.
    Argued January 6, 1953;
    decided January 21, 1953.

      Ralph Stout and Alexander D. Sioris for appellant.

      Howard Weinberger and James C. Crane for respondent.
   Decree of the Surrogate’s Court affirmed, with costs to the respondent payable out of the estate. No opinion.

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


text:
    Lloyd B. Marshall, Respondent, v. Helen Marshall, Appellant.
    Argued January 7, 1953;
    decided January 21, 1953.

      Leonard Bronner, Jr., and Harold L. Haskin for appellant.

      John A. Anderson and Clarence E. Horn, Jr., for respondent.
   Order affirmed. Question certified, insofar as it applies to the motion to punish for contempt, answered in the affirmative; otherwise, not answered. No opinion.

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


text:
    In the Matter of the Estate of Marguerite Alexander, Deceased. Central Hanover Bank and Trust Company, as Executor of Marguerite Alexander, Deceased, Appellant; Elise Vennereau, Respondent.
    Argued January 8, 1953;
    decided January 21, 1953.

      Anthony J. DelVAquila and Raymond Harper for appellant.

      Samuel Goldstein for respondent.
   Decree affirmed, with costs to both parties payable out of the estate. Appeal from the order of the Appellate Division dismissed. No opinion.

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


text:
    Mayfra Powell, Respondent, v. Park Lex. Realty Corporation, Appellant.
    Submitted January 6, 1953;
    decided January 21, 1953.

      Edward A. Winkelman for appellant.

      Myron Epstein for respondent.

      Robert H. Schaffer and Emory Gardiner for Joseph D. McG-oldrick, as State Rent Administrator, amicus curice, in support of respondent’s position.
   Judgment affirmed, with costs; no opinion.

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


text:
    Sophia S. Smith, Appellant, v. Oakland J. Stevens et al., Respondents.
    Argued January 7, 1953;
    decided January 21, 1953.

      Maurice Lutwack and Peter J. Gerard for appellant.

      Leon W. Paxon, Jr., and Edward A. Mattioli for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Jennie Brown, Plaintiff, v. Knickerbocker Village, Inc., Defendant and Third-Party Plaintiff-Appellant, and Marcato Elevator Co., Inc., Third-Party Defendant-Respondent.
    Argued January 6, 1953;
    decided January 21, 1953.

      Archie B. Morrison, William 8. O’Connor, John D. Lynn and Robert A. Dwyer for appellant.

      Harry H. Brown and Patrick J. McCann for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ed G. Nelson et al., Respondents, v. Mills Music, Inc., Appellant, and “Jane” Pease, as Executrix of Harry Pease, Deceased, Respondent.
    Argued January 5, 1953;
    decided January 21, 1953.

      Saul Gordon, Samuel Jesse Bussell, Theodore B. Kupferman and Jerome I. Hyman for appellant.

      Abner Greenberg for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Al Keshner, Appellant, et al., Defendants.
    Argued December 1, 1952;
    decided January 21, 1953.

      J. Bertram Wegman, I. Maurice Wormser, Richard J. Burhe and Myron L. Shapiro for appellant.

      Franh S. Hogan, District Attorney (Richard G. Denser of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Lewis, J., dissents in the following opinion:

Lewis, J.

(dissenting). A fire, ignited by a spark of unknown origin, erupted in premises on the fifth floor of a loft building at 9 West 18th Street in Manhattan — where the defendant Keshner conducted a coat and jacket manufacturing business — following his admitted attempt to commit the crime of arson in the second degree for the purpose of defrauding a fire insurance company.

In the fire that ensued, a police officer and two of the defendant’s accomplices were killed. By reason of the death of the police officer the defendant now stands convicted of first degree felony murder upon an indictment under subdivision 2 of section 1044 of the Penal Law: The killing of a human being * * * without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise * * (Emphasis supplied)

“ In this State, no act or omission is a crime unless some statute of the State makes it so ” (People ex rel. Blumke v. Foster, 300 N. Y. 431, 433). It is the Penal Law which “ * * * defines the nature of the various crimes ” specified therein (Penal Law, § 20). The provisions of that law must be construed according to the fair import of their terms, to promote justice and effect the objects of the law ” (§ 21 id.).

In People v. Ryan (263 N. Y. 298) where this court had occasion to state the essential elements of felony murder, it was written (per Lehman, J., p. 302): The penal responsibility for the killing of a human ‘ by a person engaged in the commission of, or in an attempt to commit a felony,’ which by statute extends to all concerned in the felony or ‘ attempt to commit a felony, ’ cannot be further extended by the courts beyond the field covered by the statute. It does not extend to every hilling more or less connected with the conspiracy to commit a felony. The responsibility is confined to a hilling committed during the period between the inception of the attempt to commit the felony and the consummation or the frustration and abandonment of the attempt.” (Emphasis supplied) (See, also, People v. Marwig, 227 N. Y. 382, 387; People v. Smith, 232 N. Y. 239.)

In the case at hand there was unimpeached testimony, by an expert called by the prosecution, that the gasoline, which had saturated a large part of the premises later set on fire, could not under any circumstances ignite itself. A medium — a spark or match — was essential to ignition. Indeed, the People conceded the total absence of proof herein of the means by which the fire was ignited. It also appears by undisputed evidence, introduced by the prosecution and defense, that when the fire occurred the defendant was not in the loft building but was seated in an automobile on the street below where he was in the custody of a police officer. In fact, at the time the fire occurred not only the defendant but each of his accomplices had been placed under arrest.

Lacking, as does this record, evidence that the defendant or any of his accomplices ignited the fire, and it appearing that when the fire occurred plaintiff’s participation in the arsonous plan had been frustrated and that he was not then “ engaged in ” it, I cannot join my brethren in concluding that there is proof of record before us which meets the requirements of subdivision 2 of section 1044 of the Penal Law as interpreted by this court in People v. Ryan (supra, p. 302). To paraphrase language from that opinion (p. 303) — “ * * * however bad [the defendant’s] moral predicament, [his] legal guilt may be defined only in terms of law. ’ ’ In that regard my position is reinforced by the following portion of the court’s charge to the jury which, in my view, was reversible error — “ If you are satisfied beyond a reasonable doubt that the underlying and primary cause of the fire was the spreading of gasoline in and about the loft, it doesn’t alter or diminish the criminality of the act, nor is it any defense to prove or contend that between the act of the defendant and the fatal result there intervened the act of a third person or other cause, independent of the defendant’s conduct, if that intervention was reasonably foreseeable on the part of the defendant aiding and abetting in the commission of the attempted arson.” (Emphasis supplied) These considerations constrain me to dissent from the decision about to be made and to vote for reversal and a new trial.


text:
    In the Matter of Suburban Tire & Battery Co., Inc., Appellant, against Village of Mamaroneck et al., Respondents.
    Argued January 6, 1953;
    decided January 21, 1953.

      Joseph Henry Esser for appellant.

      Anthony Bansone for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Board of Education of the City of Syracuse, Respondent, v. Chester H. King, as Auditor of the City of Syracuse, Appellant.
    Submitted January 5, 1953;
    decided January 21, 1953.

      George L. Richardson, Corporation Counsel (Richard T. Mosher of counsel), for motion.

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


text:
    Walter A. Gorman et al., Appellants, v. City of New York et al., Respondents.
    Submitted January 5, 1953;
    decided January 21, 1953.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Questions under the Federal Constitution were presented and passed upon by the Court of Appeals; viz., whether Local Law No. 44 of 1951 of the City of New York violates section 10 of article I of the Federal Constitution, insofar as it prohibits a State’s impairment of contract obligations, and, whether the said local law violates the due process clauses of the Fifth and Fourteenth Amendments of the Federal Constitution. The Court of Appeals held that the aforesaid local law of the City of New York did not violate section 10 of article I of the Federal Constitution or the Fifth or Fourteenth Amendments thereof. [See 304 N. Y. 865.]


text:
    Martha Washington Candies Co., Inc., Respondent, v. Martha Washington Ice Cream Co., Inc., et al., Appellants.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Harold Greenwald for motion.

      Nathaniel T. Helman for appellants.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless, within ten days from the date of service upon the attorney for appellants of a copy of this order, appellants serve and file the required undertaking on appeal and pay $10 costs, in which events motion denied.


text:
    Harriet R. Martin, Respondent, v. Herman W. Doughty, Appellant, et al., Defendants.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Alfred Wasser for motion.

      Charles Gallagher opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the 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 Accounting of Bank of New York and Fifth Avenue Bank, as Sole Surviving Successor Trustee, and Harold F. Le Baron et al., as Executors of Maude Le Baron, Deceased Trustee, under the Will of Alfred H. Smith, Deceased. Anne C. E. S. Waterous, Appellant; Leonard P. Levy et al., Respondents.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Jonas J. Shapiro and Edmund W. Bohat for motion.

      Sperry Butler opposed.
   Motion denied, with $10 costs.


text:
    Walter N. Smith, Appellant, et al., Plaintiffs, v. William O’Dwyer et al., Constituting the Board of Estimate of the City of New York, et al., Respondents.
    Submitted January 7, 1953;
    decided January 21, 1953.

      Denis M. Hurley, Corporation Counsel (Victor L. Condello and W. Bernard B,ichland of counsel), for motion.

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


text:
    Paul Van Dyke, Appellant, v. Mary Van Dyke, Respondent.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Sharon J. Mauhs for motion.

      David B. Alford opposed.
   Motion denied, with $10 costs.


text:
    Shirley Vojda et al., Appellants, v. Lenore M. Prizep, Respondent.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Roy M. Zeig for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless, within ten days, appellants serve and file an undertaking on appeal and pay $10 costs and, within twenty days, file the return on appeal, in which events motion denied.


text:
    Antonio Volpe, Appellant, v. Manhattan Savings Bank, Respondent.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Daniel Go oh for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Major Byrd, Appellant, v. New York Central Railroad Company, Respondent, et al., Defendants.
    Submitted January 5, 1953;
    decided January 21, 1953.
   Motion for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 304 N. Y. 769.]


text:
    1165 Park Avenue Corporation, Appellant, v. Joseph D. McGoldrick, as State Rent Administrator, et al., Respondents.
    Submitted January 19, 1953;
    decided January 21, 1953.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States; viz., whether the Residential Rent Law of the State of New York (as amd. by L. 1951, ch. 443) deprived plaintiff of due process guaranteed by the Fifth and Fourteenth Amendments in denying the owner of more than four rental housing units the right to recoup increased operating expenses while granting such right to other owners. The Court of Appeals held that the rights of the plaintiff under the Fifth and Fourteenth Amendments of the Constitution of the United States had not been violated or denied. [See 304 N. Y. 857.]


text:
    Teeval Co., Inc., Appellant, v. Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Submitted January 19, 1953;
    decided January 21, 1953.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States; viz., whether the Residential Rent Law of the State of New York (as amd. by L. 1951, ch. 443) deprived plaintiff of due process guaranteed by the Fifth and Fourteenth Amendments in limiting the net annual return to be earned by the plaintiff to 4% of the assessed valuation of the property. The Court of Appeals held that the rights of the plaintiff under the Fifth and Fourteenth Amendments of the Constitution of the United States had not been violated or denied. [See 304 N. Y. 859.]


text:
    In the Matter of the Accounting of Friend L. Tuttle, as Surviving Executor and Trustee under the Will of Richard E. Allen, Deceased. Friend L. Tuttle, Individually and as Surviving Executor and Trustee under the Will of Richard E. Allen, Deceased, Respondent and Appellant; Charles O. Woolley et al., as Executors of Emily A. Woolley, Deceased Coexecutor and Cotrustee under the Will of Richard E. Allen, Deceased, et al., Appellants and Respondents.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Milton Oreenbaum and Floyd Martin Sheffield for motion and in opposition to cross motion.

      Friend L. Tuttle, in person, and Richard Steel for cross motion and in opposition to motion.
   Motion granted and appeal dismissed.

Cross motion granted to the extent that the appeals of appellants-respondents are dismissed. (See Matter of Bishop, 301 N. Y. 498, 500; Matter of Mittelstaedt, 304 N. Y. 795.)


text:
    Warren T. Munroe, an Infant, by William T. Munroe, His Guardian ad Litem, et al., Appellants, v. Russell G. Booth et al., as Trustees of Hempstead Number 1 School District, Respondents.
    Submitted January 5, 1953;
    decided January 21, 1953.

      Sidney J. Feltenstein for motion.

      George A. Garvey and George J. Conway opposed.
   Motion granted to the extent that plaintiffs are granted such leave from the judgment affirming the dismissal of the complaint. Leave to appeal from the order affirming the denial of the application to serve a notice of claim nunc pro tune should be denied, upon the authority of Matter of Martin v. School Bd. of Union Free Dist., Long Beach (301 N. Y. 233).