text:
    The People of the State of New York, Respondent, v. William Rupoli, Appellant.
    Argued January 24, 1952;
    decided April 17, 1952.

      Edward H. Levine and Arnold D. Roseman for appellant.
    I. The People failed to prove that the suits found in defendant’s home were the stolen suits. (People v. Lewis, 275 N. Y. 33; People v. Cassidy, 160 App. Div. 651; People v. Davino, 284 N. Y. 486, 288 N. Y. 423; People v. Seppi, 221 N. Y. 62; People v. Spickler, 255 N. Y. 408; People v. Klvana, 241 N. Y. 481; Fealey v. Bull, 163 N. Y. 397; Matter of Case, 214 N. Y. 199; People v. Orr, 270 N. Y. 193; People v. Ammon, 92 App. Div. 205, 179 N. Y. 540; People ex rel. Briggs v. Hanley, 185 App. Div. 667.) II. The value of the stolen suits was less than $100 and the conviction for a felony must be reversed as a matter of law. (Wehle v. Haviland, 69 N. Y. 448; McAnarney v. Newark Fire Ins. Co., 247 N. Y. 176; Blanchard v. Ely, 21 Wend. 342; Boyd v. Brown, 17 Pick. 453; Smith v. Condry, 1 How. [U. S.] 28; Griffin v. Colver, 16 N. Y. 489; People v. Daghita, 276 App. Div. 20, 301 N. Y. 223; Bower v. Palmer, 281 N. Y. 341; Sager v. Friedman, 270 N. Y. 472; Foster v. Di Paolo, 236 N. Y. 132; Reno v. Bull, 226 N. Y. 546; Hoffman v. Conner, 76 N. Y. 121; Rathbone v. Ayer, 121 App. Div. 355; Bini v. Smith, 36 App. Div. 463; People v. Kress, 284 N. Y. 452; People v. Felber, 264 App. Div. 181.)

      Miles F. McDonald, District Attorney (William I. Siegel of counsel), for respondent.
    I. Appellant’s guilt was established beyond a reasonable doubt. (People v. Schwab, 182 Misc. 959; Shewitz v. United States, 293 F. 581; People v. Pers, 362 Ill. 298; People v. Sugarman, 248 N. Y. 255; People v. Pesky, 254 N. Y. 373; People v. Bearden, 290 N. Y. 478; People v. Wrieden, 299 N. Y. 425; People v. Spinello, 303 N. Y. 193; People v. McCarthy, 250 N. Y. 358; People v. Sherlock, 166 N. Y. 180.) II. Appellant was properly convicted of the crime of criminally receiving, etc., as a felony. (Reno v. Bull, 226 N. Y. 546; McAnarney v. Newark Fire Ins. Co., 247 N. Y. 176; Sager v. Friedman, 270 N. Y. 472.) III. No errors of law were committed by the trial court. (People v. Thau, 219 N. Y. 39; People v. Molineux, 168 N. Y. 264; People v. Goldstein, 295 N. Y. 61.)
   Per Curiam.

The defendant stands convicted of the crime of criminally receiving, concealing and withholding stolen property as a felony. Such an act is a felony if the property be of the value of more than $100 but if the property be of the value of not more than $100 the act is a misdemeanor. (See Penal Law, § 1308.)

The property in question was suits of men’s clothing. The owner of the retail store from which the suits had been stolen testified that the wholesale price to him of each suit was $40 or $41 and that he sold such a suit at retail for $67.

In his charge to the jury the Trial Judge said: “ The jury may not consider any testimony as to retail sales price of said suits in determining the value of the suits, but must be limited to the testimony of the complainant as an expert, concerning the wholesale price, as evidence of the value of the suits. * * * The law states that if the value of the stolen property is less than $100 it is a misdemeanor; but if it is more than $100, it is a felony, so please bear that in mind on the question of value.” No exception to that instruction was taken either by the trial prosecutor or by the defendant’s trial counsel.

The jury found the defendant guilty as charged in the indictment ” and the defendant was thereby accused of the felony of criminally receiving, concealing and withholding stolen property of the value of more than $100. There was ample evidence that the suits received, concealed and withheld by this defendant were three in number and the jury must have credited that evidence, since the Trial Judge had charged them to fix the value of the suits at the wholesale price thereof, namely, $40 or $41 a suit as has been shown by the testimony above referred to.

We find no merit in objections made by the defendant to certain items of the evidence against him. On the whole, the conviction should be affirmed.

We express no opinion in respect of the correctness of the instruction we have quoted from the charge delivered by the Trial Judge to the jury.

The judgment should be affirmed.

Loughran, Ch. J., Lewis, Cowway, Desmond, Dye, Puld and Froessel, JJ., concur.

Judgment affirmed.


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of John J. Burns, Respondent. Charles P. Sullivan, Appellant; Board of Elections of the City of New York, Respondent.
    Argued August 18, 1951;
    decided August 18, 1951.

      Joseph A. Solovei for appellant.

      Denis M. Hurley, Joseph M. Lonergan, Milton Mollen, William E. Clancy, J. Wolfe Chassen, John W. Williams and James McDonald for John J. Burns, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of John McDonald, Appellant, and Anthony M. Livoti, Intervener, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, Respondents, and James J. Delaney et al., Interveners, Respondents.
    Argued September 24, 1951;
    decided September 24, 1951.

      Leo Brown and Benjamin Gassman for petitioner-appellant and intervener-appellant.

      Denis M. Hurley, Corporation Counsel (Victor J. Herwitz of counsel), for respondents.

      J. Wolfe Chassen and William E. Clancy for interveners-respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Robert Hardwick et al., Appellants, against Bernhardt S. Kramer, as City Clerk of the City of Kingston, et al., Respondents.
    Argued September 24, 1951;
    decided September 24, 1951.

      Francis Martocci for appellants.

      James G. Connelly, Corporation Counsel, respondent in person and for Bernhardt S. Kramer, as City Clerk of the City of Kingston, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of the Claim of Mary Rivers, Respondent, against Curtiss-Wright Corp. et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Francis P. Cunnion and Albert P. Thill for motion.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Freda K. Ralph, Respondent, against Board of Estimate of the City of New York et al., Appellants.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Denis M. Hurley, Corporation Counsel (John F. Kelly and Seymour B. Quel of counsel), for motion.

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


text:
    Ruth Zuckerbrod et al., Respondents, v. Board of Higher Education of the City of New York, Appellant.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Denis M. Hurley, Corporation Counsel (Andrew Bellanca of counsel), for motion.

      Benjamin M. Zelman opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of Gertrude Diamond, Appellant, against Harold Fields et al., Constituting the Board of Examiners of the Board of Education of the City of New York, Respondents.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Copal Mintz for motion.

      Denis M. Hurley, Corporation Counsel (Seymour B. Quel and Sidney P. Nadel of counsel), opposed.
   Motion denied, with $10 costs and necessary printing disbursements, upon the ground that an appeal lies as of right since a substantial constitutional question is presented. (See N. Y. Const., art. V, § 6.)


text:
    Josephine Bennett, Appellant, v. John W. Van Allen et al., as Trustees in Proceedings for Reorganization of International Railway Company, Respondents.
    Submitted October 3, 1951;
    decided October 5, 1951.

      James Li Brize for motion.
    No one 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:
    The People of the State of New York ex rel. Tremont Towers, Inc., Appellant, against William S. Miller et al., Constituting the Board of Taxes and Assessments in the City of New York, Respondents.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Gerson T. Margolish and Lawrence I. Gerber for motion.

      Denis M. Hurley, Corporation Counsel (Imre Schwarz and Morris Handel of counsel), 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 Arbitration between U. S. Vitamin Corporation et al., Respondents, and Harry E. Dubin, Appellant.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Asher Blum for motion.

      Joseph R. Kelley and Jacob Burns opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the required papers were not filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Nancy Stevens, as Administratrix of the Estate of George Stevens, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 27979.)
    Submitted October 3, 1951;
    decided October 5, 1951.

      Nathaniel L. Goldstein, Attorney-General (Ruth Kessler Toch of counsel), for motion.

      Melvel W. Snitow opposed.
   Motion granted and appeals dismissed, with costs and $10 costs of motion.


text:
    Lillian Perelman, Respondent, v. Samuel Spitzer, Appellant.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Howard L. Kuttner for motion.

      Joseph H. Robins and Mark Frackman opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the required papers were not filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act. [See 303 N. Y. 638.]


text:
    Sidney Heim et al., Respondents, v. Langwell Associates, Inc., Appellant. Morris Fish, Intervener, Appellant; Langwell Associates (a Partnership) et al., Impleaded Interveners, Respondents.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Meyer D. Siegel, Albert P. Singman and Irving E. Field for motion.

      Isidore A. Seltzer, Murray L. Gilman, Joseph V. McKee and John C. O’Malley opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the required papers were not filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Elizabeth V. Hyndsman, as Administratrix of the Estate of William T. Hyndsman, Deceased, Respondent, v. Metropolitan Distributors, Inc., Appellant.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Benjamin H. Siff and Abraham S. Steinberg for motion.

      William L. Shumate and Louis T. Cymrot opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Frank Sheridan Jonas, Inc., Respondent, v. Guillermo Romanat, Appellant.
    Submitted October 3, 1951;
    decided October 5, 1951.

      Edward S. Menapace for motion.

      Robert Goldstein opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of the Arbitration between Max Fleischer et al., Appellants, and Ceil Borus, as Administratrix of the Estate of Abraham I. Borus, Deceased, Respondent.
    Argued May 31, 1951;
    decided October 11, 1951.

      Jacob W. Friedman and Irving Schneider for appellants.

      Harry T. Zucher and Milton S. Shapiro for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Louis Boniello and Marvin I. King, Appellants.
    Argued May 17, 1951;
    decided October 11, 1951.

      Anthony L. Pusateri for Louis Boniello, appellant.

      Harry L. Gilrie and Marvin I. King, in person, for Marvin I. King, appellant.

      Jack E. Gellman, District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    Lillian B. Hettich, Appellant, v. Ernest L. Hettich, Respondent.
    Submitted October 8, 1951;
    decided October 11, 1951.

      George Trosk for motion.

      Clifton F. Weidlich opposed.
   Motion denied, with leave to renew upon the argument.


text:
    In the Matter of the Probate of the Will of Irwin M. Herzig, Deceased. Gertrude C. H. Notes, Appellant; Benjamin H. Herzig, Respondent.
    Submitted October 3, 1951;
    decided October 11, 1951.

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

      Benjamin H. Herzig, in person, and Edward Fillmore opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Bachoobai Woronzoff-Daschkoff, Respondent, v. Roman Woronzoff-Daschkoff, Appellant.
    Submitted October 8, 1951;
    decided October 11, 1951.

      William G. Mulligan, Alexis C. Coudert, Lewis B. Greenbaum and Edwyn Silberling for motion.

      M. MacSchwebel opposed.
   Motion to dismiss appeal denied. (See De Nardo v. De Nardo, 293 N. Y. 934.)


text:
    Frank J. Shallow, Appellant, v. Metropolitan Life Insurance Company, Defendant, and Emma C. Carballal, Respondent.
    Submitted October 3, 1951;
    decided October 11, 1951.

      Philip A. Limpert for motion.

      Samuel Seligsohn and Daniel S. Weiss opposed.
   Motion granted and appeal dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution. [See 303 N. Y. 664.]


text:
    The People of the State of New York ex rel. Michael Bourke, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted October 3, 1951;
    decided October 11, 1951.

      Michael Bourke, in person, for motion.
    No one opposed.
   Upon consideration of further papers submitted by movant, the Court of Appeals adheres to original decision of July 11, 1951. Motion denied.


text:
    The People of the State of New York ex rel. John E. Berry, Appellant, against Thomas McDonnell, as Warden of the Penitentiary of the City of New York, Respondent.
    Submitted October 3, 1951;
    decided October 11, 1951.

      John E. Berry, in person, for motion.
    No one opposed.
   Motion denied. Appeal taken as of right dismissed upon the ground that no substantial constitutional questions are thereby presented.


text:
    In the Matter of Patrick J. Picariello, Respondent, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York and the Board of Canvassers of the City of New York, et al., Respondents, and Robert V. Santangelo, Appellant.
    Argued October 15, 1951;
    decided October 16, 1951.

      Anthony J. Graziano for appellant, appearing specially.

      Lewis Abrahams for respondent.
   Appeal dismissed upon the ground that, since no mandatory statute is applicable, the question certified is one in respect of practice in the New York Supreme Court, with which wé have no concern. (See Matter of Kalthoff, 298 N. Y. 458, 461.)

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


text:
    The People of the State of New York, Respondent, v. Bernard Stein, Appellant.
    Submitted October 15, 1951;
    decided October 16, 1951.
   Motion for reargument granted. Case set down for reargument during the week of November 19, 1951. [See 302 N. Y. 915, 941; 303 N. Y. 853.]


text:
    David Aboudi, Doing Business as D. Aboudi & Co., Appellant, v. "Switzerland" General Insurance Company, Limited, Respondent.
    Argued October 4, 1951;
    decided October 18, 1951.

      Sydney B. Wertheimer, Milton C. Weisman and Gerard Mandelbaum for appellant.

      Gregory S. Rivkins and William G. Warburton for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Incorporated Village of Hempstead, Nassau County, Respondent, Relative to Acquiring Title to Real Property Situated in Said Village for Use as Parking Places. Olaf Bard et al., Appellants.
    Argued October 3, 1951;
    decided October 18, 1951.

      Arthur G. Silverman, Milton Pinkus and Edwin J. Loewy for appellants.

      C. H. Tunnicliffe Jones, Special Village Attorney (George P. Krug 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. Joseph Skolnick, Appellant.
    Argued October 3, 1951;
    decided October 18, 1951.

      Benjamin M. Goldstein for appellant.

      Ben Newberg, District Attorney, for respondent.
   Judgment affirmed; no opinion .

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


text:
    In the Matter of Lena Gonzalez, Respondent, against John F. O’Connell et al., Individually and as Members of the State Liquor Authority, Appellants.
    Argued October 3, 1951;
    decided October 18, 1951.

      Alvin McKinley Sylvester and Lucille C. Bunzl for appellants.

      Monroe I. Katcher, II, for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Robert C. Weiderman, Appellant, v. Marie Recklinghausen, Respondent.
    Argued October 4, 1951;
    decided October 18, 1951.

      Rubin Brodsky for appellant.

      John W. Branch for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Probate of the Will of Marie Brewer, Deceased. Klara Dahl, Individually and as Executrix of Marie Brewer, Deceased, Appellant and Respondent; Leon J. Tepper, Respondent and Appellant, et al., Respondents.
    Argued October 4, 1951;
    decided October 18, 1951.

      Stanley Fowler, Alexander W. Kramer and Joseph R. Risdell for appellant-respondent.

      Felix C. Lourie and Leon J. Tepper, in person, for Leon J. Tepper, respondent-appellant.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of the Accounting of Melville E. Regensburg et al., as Executors and Trustees under the Will of Carrie Ahrens, Deceased, Appellants. Sophy P. Regensburg, as Executrix of Melville E. Regensburg, Deceased Executor and Trustee, et al., Appellants; Ethel Ahrens, as Guardian of the Personal Estate of Jerome M. Ahrens, Jr., Respondent.
    Submitted October 3, 1951;
    decided October 18, 1951.
   Motion to amend the remittitur and for other relief denied, without costs. [See 301 N. Y. 701.]


text:
    In the Matter of Fredrik A. Hansen et al., Individually and as Members of the Fire Department Committee on the Merit System and on Behalf of All Other Nondisabled Veterans on the Promotion List for Lieutenant, Appellants, against James S. Watson et al., Constituting the Municipal Civil Service Commission of the City of New York, et al., Respondents, and Peter Roman et al., Individually and as Members of the Committee to Protect Disabled Veterans of the Fire Department and on Behalf of All Other Disabled Veterans on the Promotion List for Lieutenant, Interveners, Respondents.
    Submitted October 15, 1951;
    decided October 18, 1951.

      John K. Clark, Jr., for motion.

      Samuel D. Smoleff opposed.
   Motion granted and appeal dismissed, without costs.


text:
    The People of the State of New York ex rel. Nathaniel I. Becker, Appellant, against Warden of Bellevue Prison Ward et al., Respondents.
    Submitted October 3, 1951;
    decided October 18, 1951.
   Motion for reargument denied. [See 302 N. Y. 944.]


text:
    Lillian Perelman, Respondent, v. Samuel Spitzer, Appellant.
    Submitted October 15, 1951;
    decided October 18, 1951.
   Motion for reargument of motion for leave to appeal granted and, upon reargument, motion for leave to appeal denied, with $10 costs and necessary printing disbursements. [See 303 N. Y. 614.]


text:
    In the Matter of Marion J. Jenson, Respondent, against Clifford J. Fletcher, as Commissioner of Motor Vehicles, Appellant.
    Argued October 8, 1951;
    decided October 19, 1951.

      Nathaniel L. Goldstein, Attorney-General (Ronald E. Coleman, Wendell P. Brown and Michael P. Geraci of counsel), for appellant.

      Heffren J. Cohen and Joseph Ambrusko 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 Construction of the Will of Frank J. Barnmaker, Deceased. Mary Hamm, Appellant; Augustus C. Nelson et al., Respondents.
    Argued October 9, 1951;
    decided October 19, 1951.

      Walter S. Forsyth for appellant.

      Augustus C. Nelson, executor, respondent in person.

      Howard E. Marshall, Jr., special guardian for Donald P. Shaffer, respondent.
   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, Dye, Fuld and Froessel, JJ. Dissenting: Desmond, J.


text:
    George A. Lugert, Appellant and Respondent, v. Sam Cohen et al., Respondents, and William C. Hawver, Jr., as Guardian ad Litem of Joseph S. Hawver, Appellant. Barbara E. Lugert, Appellant and Respondent, v. Sam Cohen et al., Respondents, and William C. Hawver, Jr., as Guardian ad Litem of Joseph S. Hawver, Appellant.
    Argued October 8, 1951;
    decided October 19, 1951.

      William E. J. Connor for George A. Lugert and another, appellants-respondents.

      R. Waldron Herzberg and R. Monell Herzberg for William C. Hawver, Jr., appellant.

      John J. Scully for Sam Cohen, respondent.

      Bruce R. Sullivan for Senak Co., respondent.
   Judgments of the Appellate Division, insofar as they affirmed, the judgments in favor of plaintiffs against the defendant Hawver, Jr., affirmed, with costs to the plaintiffs. Judgments of the Appellate Division, insofar as they reversed the judgments of the Trial Term and dismissed the complaints as to the defendants Cohen and Senak Co., reversed upon the ground that there was evidence of negligence upon the part of those defendants that was proper for submission to the jury, and as to those defendants case remitted to the Appellate Division for determination of the questions of fact, pursuant to sections 602 and 606 of the Civil Practice Act, with costs to abide the event. No opinion.

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


text:
    Jeanette V. Shaw, Appellant, v. State of New York, Respondent.
    (Claim No. 28783.)
    Argued October 10, 1951;

    decided October 19, 1951.

      Paul Muscarella for appellant.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Richard Natoli, by Frances Natoli, His Guardian ad Litem, et al., Claimants, v. Board of Education of the City of Norwich, New York, Union Free School District No. 1, Defendant. In the Matter of Richard Natoli, an Infant, by His Guardian ad Litem, Frances Natoli, et al., Respondents, against Board of Education of the City of Norwich, New York, Union Free School District No. 1, Appellant.
    Argued October 9, 1951;
    decided October 19, 1951.

      David F. Lee, Jr., for appellant.

      Janet W. Hill for infant respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Marie A. La Plante, as Administratrix of the Estate of Joseph La Plante, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 28890.)
    Argued October 8, 1951;
    decided October 19, 1951.

      Albert V. Moore for appellant.

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

      Kernan & Kernan for Fidelity & Casualty Company of New York, amicus curiæ, in support of respondent’s position.
   Judgment affirmed, without costs; no opinion.

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


text:
    Alice Keizor et al., Respondents, v. City of New York, Appellant.
    Argued October 8, 1951;
    decided October 19, 1951.

      Denis M. Hurley, Corporation Counsel (Andrew Bellanea and Seymour B. Quel of counsel), for appellant.

      John Francis Bowden, Christopher J. Gorman and Walter L. Glenney for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    New York Central Railroad Company et al., Appellants, v. Irving Pender, as Superintendent of Highways of the Town of Alabama, et al., Respondents.
    Argued October 9, 1951;
    decided October 19, 1951.

      Mark N. Turner for appellants.

      Albert J. Waterman and George W. Watson for respondents.
   Judgments reversed and judgment directed in favor of plaintiffs as demanded in the complaint, without costs. We construe the words “ the authority having jurisdiction ”, in subdivision 17 of section 14 of the Vehicle and Traffic Law, to mean public officers or bodies only and not to include railroad companies over whose tracks there are maintained bridges carrying public highways. 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. William H. Draper, Respondent.
    Argued October 10, 1951;
    decided October 19, 1951.

      Clarence J. Henry, District Attorney, for appellant.

      Herbert W. Lacy for respondent.
   Order affirmed; no opinion.

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


author: Per Curiam.

text:
    In the Matter of the Claims of Louis Burger et al., Respondents. Edward Corsi, as Industrial Commissioner, Appellant.
    Argued October 9, 1951;
    decided October 19, 1951.

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

      Louis Waldman, Martin Markson and Seymour Waldman for respondents.
   Per Curiam.

There is substantial evidence in the record before us to support the factual finding of the Unemployment Insurance Appeal Board that these claimants-respondents lost their employment involuntarily and not because of a strike, lockout, or other industrial controversy in the establishment in which they were employed (Labor Law, § 592, subd. 1). Accordingly that finding is binding upon us (Labor Law, § 623; Matter of Morton, 284 N. Y. 167, 171). We pass on no other issue. Specifically, we reserve the question whether the regular pattern of work of longshoremen, checkers and harbormasters, viewed over a reasonable period of time and in relation to any pertinent specific union contract, constitutes “ employment ” within the meaning of the Unemployment Insurance Law (Labor Law, art. 18). (See Matson Terminals, Inc., v. California Employment Comm., 24 Cal. 2d 695.)

The order should be affirmed, with costs.

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

Order affirmed.


text:
    In the Matter of the Arbitration between Irving Weisler, as President of Metal Production and Novelty Workers Union, Local 28-A, A. F. of L., Respondent, and Sidney V. Burns et al., Copartners Doing Business under the Name of C. B. Manufacturing Company, Appellants. Sophie Schwick et al., Interveners, Appellants.
    Argued October 4, 1951;
    decided October 19, 1951.

      Werner Ilsen for appellants.

      James Lawrence Garrity for interveners, appellants.

      Abraham Fishbein and Jerome Y. Sturm for respondent.
   As to appeal by employers appellants, order and judgment affirmed, with costs.

As to appeal by employees appellants, appeal dismissed upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. No opinion.

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


text:
    Irving L. Heath, Appellant, v. State of New York, Respondent.
    Argued October 9, 1951;
    decided October 19, 1951.

      Willard E. Pierce, Jr., for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Edward Gray, Joseph Ippolito, Joseph Blachowicz and Donald Fried, Appellants.
    Argued May 17, 1951;
    decided October 19, 1951.

      Charles J. McDonough for appellants.

      Jack E. Gellman, District Attorney, for respondent.
   (1) As to the defendant Edward Gray: Judgments reversed and indictment dismissed upon the ground that the evidence is legally insufficient to warrant a finding of guilt beyond a reasonable doubt of the crime of conspiracy of which he was convicted. No opinion.

Concur: Loughran, Ch. J., Desmond, Dye, Fuld and Froessel, JJ. Dissenting: Lewis and Conway, JJ., who dissent and vote for a new trial upon the ground that as against this defendant a prima facie case was established.

(2) As to the defendants Joseph Ippolito, Joseph Blachowicz and Donald Fried: Judgments reversed and a new trial ordered of the issue as to guilt of the crime of riot as charged in the first count of the indictment for the following reasons: (a) The trial court erred when it received evidence of independent assaults unrelated in time or place to the alleged riot or to the participation of the defendants therein; (b) that the receipt of evidence relating to the details of the so-called invasion or march through part of the Bell Aircraft plant on August 19, 1949, and that some of the invaders — persons other than these defendants— had been prosecuted for contempt for violation of the injunction order was erroneous, the prejudicial effect of which was not eliminated from the jurors’ minds by the subsequent reversal by the trial court of its prior ruling as to admissibility, with direction that its effect be limited to credibility; (c) that since the indictment charged twenty-three defendants in two counts of the crimes of riot and conspiracy, the District Attorney in his opening of the case should have made some statement as to the part each of the individual defendants played in the alleged crimes (cf. People v. Levine, 297 N. Y. 144; Code Crim. Pro., § 388, subd. 1); and (d) that when the jury, following deliberation extending over a period of forty-five hours, reported to the court its inability to reach a vérdict, the language used by the court in sending it back for further deliberation could very well have been interpreted by the jurors to mean that they were required to reach a verdict, which, under the circumstances, was prejudicial. (Cf. People v. Sheldon, 156 N. Y. 268.) No opinion.

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


text:
    In the Matter of Ellison B. Kosoff, Petitioner, and Hart Knitwear Corp., Respondent. “John Jones”, as President of Knitgoods Workers Union, Local 155, International Ladies Garment Workers Union, an Unincorporated Association, Appellant, et al., Respondents.
    Argued October 4, 1951;
    decided November 21, 1951.

      Vinson C. Aronson and Elias Lieberman for appellant.

      Leon London for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Fuld and Froessel, JJ. Dissenting: Desmond and Dye, JJ., upon the ground that the question whether there was a lockout was for the arbitrators.


text:
    Frank J. Shallow, Appellant, v. Metropolitan Life Insurance Company, Defendant, and Emma C. Carballal, Respondent.
    Submitted October 17, 1951;
    decided November 21, 1951.
   Motion for reargument of motion to dismiss appeal granted and upon reargument motion to dismiss appeal denied. Case set down for argument during the January, 1952, session. [See 303 N. Y. 623.]


text:
    The People of the State of New York, Plaintiff, v. Mercer Hicks Corporation et al., Defendants. Mildred G. Munzert, Appellant; Daniel J. Riesner, as Receiver of Mercer Hicks Corporation, Respondent.
    Submitted November 19, 1951;
    decided November 21, 1951.

      Menahem Stim for motion.

      John F. Loehr and Frank Delaney opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Western Union Telegraph Company, Appellant, v. Gladys E. Cochran, as Administratrix of the Estate of Alfred S. Cochran, Deseased, Respondent.
    Submitted November 19, 1951;
    decided November 21, 1951.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 302 N. Y. 545.]


text:
    Jerome Fisher et al., Individually and as Members of Local 1115-C, Amusement Transient Clerks and Concessionaires Employees Union, Retail Clerks International Association, A. F. of L., on Behalf of Themselves and All Other Members of Said Local Union Similarly Situated, Appellants, v. George Kempter, Individually and as President of Local Union 1115-C, Amusement Transient Clerks and Concessionaires Employees Union, Retail Clerks International Association, A. F. of L., et al., Respondents.
    Submitted November 19, 1951;
    decided November 21, 1951.

      Charles R. Katz for motion.

      Sol Gelb, Arnold Cohen and Hermon A. Simon 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:
    Joseph E. Curtis et al., Respondents, v. Charles J. Tobin et al., Defendants, and Godfrey P. Schmidt, Appellant.
    Submitted November 19, 1951;
    decided November 21, 1951.

      Joseph E. Egan and Godfrey P. Schmidt, in person, for motion.

      Samuel Duker 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:
    Sophie D. Cohen et al., as Sole Surviving Executors of William W. Cohen, Deceased, Appellants and Respondents, v. Carita Noda et al., Respondents and Appellants; Japan Cotton & Silk Trading Co., Inc., Respondent, et al., Defendants.
    Submitted November 19, 1951;
    decided November 21, 1951.

      Edwin A. Tennant, Jr., for motion.

      James E. Bennet, Jr., opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellants file and serve the required undertaking and pay $10 costs within ten days, in which events motion denied.


text:
    Abram Moody et al., Appellants, v. Seabro Corp., Inc., et al., Respondents.
    Submitted November 19, 1951;
    decided November 21, 1951.

      James C. Danzilo and John L. Danzilo for motion.
    No one opposed.
   Motion granted.


text:
    Rose Newcomb, as Administratrix of the Estate of Charles Newcomb, Deceased, et al., Respondents, v. Clifton Frink, Appellant.
    Submitted November 26, 1951;
    decided November 29, 1951.

      David F. Lee, Sr., for motion.
    No one opposed.
   Motion granted and appeal dismissed, with $10 costs and disbursements, unless within ten days from the date of this order the appeallant (1) gives a stipulation for judgment absolute pursuant to subdivision 3 of section 588 of the Civil Practice Act, and (2) files and serves the undertaking required by section 593 of the Civil Practice Act, in which events motion denied.


text:
    The People of State of New York, Respondent, v. William R. Patrick Doyle, Appellant.
    Submitted November 26, 1951;
    decided November 29, 1951.

      Clare J. Hoyt, District Attorney (James P. Cassidy of counsel), for motion.

      Edward J. Fontana opposed.
   Motion to dismiss appeal granted and appeal dismissed.

Motion for enlargement of the time within which to argue the above-entitled appeal denied. [See 303 N. Y. 747, 771; 304 N. Y. 120.]


text:
    In the Matter of the Arbitration between Isidore Lipschutz et al., Appellants, and Albert Gutwirth, Respondent.
    Submitted November 19, 1951;
    decided November 29, 1951.

      Max A. Gulack for motion.

      David S. Meyer and Leon Finley opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless petitioners-appellants, within ten days, serve and file an undertaking on appeal and pay $10 costs, in which events motion denied.


text:
    Val-Kill Co., Inc., Respondent, v. Cities Service Oil Company, Appellant.
    Submitted November 19, 1951;
    decided November 29, 1951.

      Charles Landesman for motion.

      Joseph P. Pfingst and George E. Colin opposed.
   Motion denied, with $10 costs.


text:
    Henrietta Mahar, Respondent, v. City of Albany, Defendant, and Luigi Merolle et al., Appellants.
    Submitted November 19, 1951;
    decided November 29, 1951.

      Russell G. Hunt, Corporation Counsel, for motion.

      Joseph F. Bosley and Malcolm G. Bibby opposed.
   Motion denied, with $10 costs and necessary printing disbursements.


text:
    Goodwins, Inc., et al., Appellants, v. Frank Hagedorn, as President of Department Store & Variety Store Employees Union, Local 1115A, Retail Clerks International Association, A. F. of L., et al., Respondents, et al., Defendants.
    Submitted November 19, 1951;
    decided December 4, 1951.
   Motion for reargument denied, with $10 costs and necessary printing disbursements.

In voting for reversal in separate opinion, Conway and Froessel, JJ., concurred with Loughran, Ch. J., that section 876-a of the Civil Practice Act does not bar injunctive relief here. [See 303 N. Y. 300.]


text:
    The People of the State of New York, Respondent, v. John Russo, Appellant, et al., Defendants.
    Argued October 10, 1951;
    decided December 6, 1951.

      Frank Serri for appellant.

      Frank S. Hogan, District Attorney (Jack M. Cotton and Richard G. Denzer of counsel), for respondent.
   Per Curiam.

This court has already declared section 1898-a of the Penal Law to be constitutional (People v. Gerschinsky, 281 N. Y. 581; see, too, People v. Terra, 303 N. Y. 332, decided herewith).

The judgment should be affirmed.

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

Judgment affirmed.


text:
    Daniel Feldman, Appellant, v. Kings Highway Savings Bank, Respondent.
    Submitted October 9, 1951;
    decided December 6, 1951.

      Francis J. Hughes for appellant.

      William R. Bayes and James Morrow for respondent.

      John J. Redfield, Curtis S. Bates, and Henry A. Mark for The Bowery Savings Bank and others, amici curiæ, 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:
    Rebecca Holmes, Appellant, v. Wm. Hengerer Company, Respondent.
    Argued October 11, 1951;
    decided December 6, 1951.

      J. Clement Johnston for appellant.

      William B. H. Sawyer and John F. Canale for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Celia Thaw et al., Respondents, v. Morris Schwartz et al., Appellants, et al., Defendants.
    Argued October 17, 1951;
    decided December 6, 1951.

      John F. X Finn, Leo B. Mark and Benjamin Weiss for appellants.

      Harry Malter and Howard P. Feinberg for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Meyer Poster, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent. The People of the State of New York, Respondent.
    Argued October 18, 1951;
    decided December 6, 1951.

      William R. Murray for appellant.

      Nathaniel L. Goldstein, Attorney-General (Richard H. Shepp, Wendell P. Brown and Herman N. Harcourt of counsel), for J. Vernel Jackson, as Warden of Clinton Prison, respondent.

      Miles F. McDonald, District Attorney (Frank Di Lalla of counsel), for People of the State of New York, respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of the Accounting of John Foster Dulles et al., as Executors of William N. Cromwell, Deceased, Respondents. American Foundation for Overseas Blind, Inc., et al., Appellants; Trustees of Columbia University et al., Respondents.
    Argued November 20, 1951;
    decided December 6, 1951.

      James A. Delehanty for appellants.

      John Godfrey Saxe and Henry J. Kennedy for Trustees of Columbia University, respondent.

      Cloyd Laporte, Carl E. Heilman and H. Woodward McDowell for New York State Bar Association 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:
    In the Matter of Emil Hubsch Post No. 596, Veterans of Foreign Wars of the U. S. A., Appellant. Edward Corsi, as Industrial Commissioner, Respondent.
    Argued October 16, 1951;
    decided December 6, 1951.

      Kenneth C. Schwarts for appellant.

      Samuel M. Birnbaum for American Legion, Department of New York, amicus curiæ, in support of appellant’s position.

      Edward Papantonio for Department of New York, Inc., Veterans of Foreign Wars of the United States, amicus curiæ, in support of appellant’s position.

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

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


text:
    Joseph P. McQuade et al., Appellants, v. Irving Maidman et al., Respondents, et al., Defendants.
    Argued October 19, 1951;
    decided December 6, 1951.

      Arthur A. Beaudry for appellants.

      David I. Shivitz and Edmund B. Hennefeld for Irving Maidman, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Michael Thal et al., Respondents, v. Richard Polumbaum et al., Appellants.
    Argued October 15, 1951;
    decided December 6, 1951.

      Charles H. Tuttle, Herbert S. Greenberg, Stoddard B. Colby and Monroe J. Cahn for appellants.

      Bernard Phillips, J. Norman Lewis and James P. Durante for respondents.
   Judgment modified by striking therefrom so much thereof as awards money damages against defendants George Ogens, doing business as Ansonia Sign Company, and Miracle Sell-It Sign Corp. and, as so modified, affirmed, without costs. It was proper to grant this injunctive relief against all the defendants, but we see no basis in this record for a money judgment against defendants Ogens and Miracle, since there is nothing to show any connection of either of those defendants with the transaction or transactions involving the 3,565 “ Graybar ” signs. No opinion, intersection, and that such sign had not been replaced until

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


text:
    In the Matter of Clemens Wolf, Appellant, against Charles H. Kriger et al., Constituting the Board of Assessors of the City of New York, et al., Respondents.
    Submitted October 18, 1951;
    decided December 6, 1951.

      Julius A. Hellenbrand and Sigmund H. Fuchs for appellant.

      John P. McGrath, Corporation Counsel (Milton H. Harris, Harry E. O’Donnell and Reuben Levy of counsel), for respondents.
   Order of Appellate Division reversed, with costs in this court and in the Appellate Division, and matter remitted to respondent board of assessors for determination of the amount of any damages sustained, by reason of the change of grade, to that part of the building which is situated on the land owned by appellant. The earlier condemnation award is not in itself a bar to such damages, the amount of which must be heard and determined as a question of fact. No opinion.

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


text:
    John Eastman, as Administrator of the Estate of Sandra Eastman, Deceased, Appellant, v. State of New York, Respondent. John Eastman, as Administrator of the Estate of Sharon Eastman, Deceased, Appellant, v. State of New York, Respondent. Melvin Eastman, an Infant, by John Eastman, His Guardian ad Litem, Appellant, v. State of New York, Respondent. William Eastman, an Infant, by John Eastman, His Guardian ad Litem, Appellant, v. State of New York, Respondent.
    (Claim No. 29036.)
    (Claim No. 29037.)
    (Claim No. 29038.)
    (Claim No. 29039.)
    Argued October 10, 1951;
    decided December 6, 1951.

      John Lo Pinto for appellants.

      Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent.
   In each action: Judgment of the Appellate Division reversed and that of the Court of Claims affirmed, with costs in this court and in the Appellate Division, upon the ground that the weight of the evidence supports the findings of the Court of Claims. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Dye and Froessel, JJ. Dissenting: Desmond and Fuld, JJ., who vote to affirm upon the opinion of the Appellate Division.


text:
    The People of the State of New York, Respondent, v. Robert Leslie Pohl, Appellant, et al., Defendants.
    Argued October 18, 1951;
    decided December 6, 1951.

      Charles W. Webster and John O. Henderson for appellant.

      Gordon Steele, District Attorney (Leonard Finkelstein 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 Central Park Plaza Corporation, Appellant, against Spencer E. Bates et al., Constituting the Tax Commission of the State of New York, Respondents.
    Submitted October 15, 1951;
    decided December 6, 1951.

      Jacob Rabkin, Mark H. Johnson and Alvin D. Lurie for appellant.

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

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


text:
    In the Matter of the Probate of the Will of Lilian G. McChesney, Deceased. Mary L. Brown et al., Appellants; National Commercial Bank and Trust Company of Albany, Respondent.
    Argued October 19, 1951;
    decided December 6, 1951.

      F. Walter Bliss, Warner M. Bouck and Earl H. Gallup, Jr., for appellants.

      John J. Scully and Newton B. Van Derzee, Jr., for respondent.
   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. [See 303 N. Y. 769.]


text:
    Cherne Abrams, Respondent, v. Maryland Casualty Company, Appellant.
    Argued November 21, 1951;
    decided December 6, 1951.

      James P. Evers and Julius S. Christensen for appellant.

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

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


text:
    Pearl Murray, Appellant, v. Jan Murray, Respondent.
    Argued October 8, 1951;
    decided December 6, 1951.

      Louis Jay Brecher and Maurice Freiman for appellant.

      Harold M. Geller and Theodore Shulman 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 Sylvia R. Getz, Appellant, against Lewis A. Wilson, as Acting Commissioner of Education of the State of New York, et al., Respondents.
    Submitted October 10, 1951;
    decided December 6, 1951.

      Gerald H. Chambers and C. Evarts Mangan for appellant.

      Charles A. Brind, Jr., and Elizabeth M. Eastman for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Antonio Volpe, Appellant, v. Emigrant Industrial Savings Bank, Respondent.
    Argued October 15, 1951;
    decided December 6, 1951.

      Roderick B. Travis and Rocco Leone for appellant.

      John E. McAniff, Edwin A. Berkery and Lester T. O’Connor for respondent.
   Judgment 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. Manhattan Egg Company, Inc., Appellant.
    Argued October 16, 1951;
    decided December 6, 1951.

      Joseph M. Lonergan for appellant.

      Denis M. Hurley, Corporation Counsel (Samuel D. Johnson and Seymour B. Quel of counsel), 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, Respondent, v. Joseph Giaccio and Eugene Panzella, Appellants.
    Argued October 18, 1951;
    decided December 6, 1951.

      Jerome Otis Ellis and Donald L. Ochs for appellants.

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

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


text:
    In the Matter of the Application of Hazel Marcus, Appellant. R. H. Macy & Co., Inc., Respondent.
    Argued October 11, 1951;
    decided December 6, 1951.

      Abraham Marcus, William Rosenfeld and Jack B. Weinstein for appellant.

      Leon Lauterstein, Lincoln W. Lauterstein and Jacob L. Isaacs 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. David Wichter, Defendant, and Edward Labis, Appellant.
    Argued October 15, 1951;
    decided December 6, 1951.

      Aaron Samuelson and Abraham J. Yasgour for appellant.

      Frank S. Hogan, District Attorney (Harold Roland Shapiro and Richard G. Denzer 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 the Accounting of Bankers Trust Company, as Successor and Sole Surviving Trustee under the Will of Albert S. Rosenbaum, Deceased, Appellant and Respondent. Willard H. Carr et al., Respondents and Appellants; Bankers Trust Company, Individually, Appellant and Respondent.
    Argued October 3, 1951;
    decided December 6, 1951.

      Orison S. Marden, Alfred II. Townley and Maurice E. McLoughlin for Bankers Trust Company, appellant and respondent.

      Murray C. Bernays, Howard E. Reinheimer and Edwin A. Falk for Willard H. Carr and others, respondents and appellants.

      James N. Vaughan, special guardian for Charles J. Lang, III, and others, respondents and appellants.
   Appeals and cross appeals from the decree of the Surrogate dismissed upon the ground that the appealable paper is the order of the Appellate Division. Order of Appellate Division modified by reversing so much thereof as disallowed the surcharge made in connection with the leasing in 1937 of the Hotel Albert, on the ground that the weight of the evidence is in accord with the finding of the Surrogate of a breach of trust in connection therewith. To this extent a proportional reinstatement of the surcharge for counsel fees and expenses is allowed. As so modified, order of Appellate Division affirmed, without costs. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Dye and Froessel, JJ. Dissenting: Desmond and Fuld, JJ., who vote to affirm the order of the Appellate Division in its entirety.


text:
    551 Fifth Avenue, Inc., Appellant, v. Kathrine Wellingbrook and Eleven Other Proceedings by Landlord-Appellant against Other Tenants, Respondents.
    Argued October 10, 1951;
    decided December 6, 1951.

      Alexander Pfeiffer, Kenneth C. Newman and Benjamin Newman for appellant.

      Irving L. Kalish and William M. Kufeld for Kathrine Wellingbrook and others, respondents.

      Barnett Dornbush and Charles Wayne for Emil Leichter and another, respondents.
   Order affirmed, with one bill of costs to respondents; no opinion.

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


text:
    Abraham Donner, Appellant, v. Associated Lace Corporation, Respondent.
    Argued October 15, 1951;
    decided December 6, 1951.

      Otto A. Samuels for appellant.

      Edwin M. Reich and Charles Cohen for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Florence E. Bonnau, an Infant, by Albert Lutz, Her Guardian ad Litem, Respondent, v. State of New York, Appellant.
    (Claim No. 29891.)
    Argued October 16, 1951;
    decided December 6, 1951.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for appellant.

      Michael Yust for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Kenneth Eurich, Appellant.
    Argued October 18, 1951;
    decided December 6, 1951.

      Henry Hirschberg and Ernest M. Levinson for appellant.

      Clare J. Hoyt, District Attorney (James P. Cassidy of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 303 N. Y. 770.]


text:
    In the Matter of the Arbitration between Amtorg Trading Corporation, Respondent, and Camden Fibre Mills, Inc., Appellant.
    Submitted November 19, 1951;
    decided December 6, 1951.

      Charles Recht and Osmond K. Fraenkel for motion.

      Alexis C. Coudert and A. Michael Frothingham opposed.
   Motion denied, with $10 costs.


text:
    The People of the State of New York, Respondent, v. William Wade, Appellant.
    Submitted November 26, 1951;
    decided December 6, 1951.
   Motion for reargument denied. [See 291 N. Y. 574.]


text:
    Edward M. Garlock, Appellant and Respondent, v. Pantepec Oil Company, C. A., Respondent and Appellant.
    Submitted December 3, 1951;
    decided December 6, 1951.

      Spencer Pinkham for plaintiff’s motion to dismiss defendant’s appeal.

      Walter R. Barry for defendant’s motion to dismiss plaintiff’s appeal.
   Motion by plaintiff to dismiss defendant’s appeal denied.

Motion by defendant to dismiss plaiutiff’s appeal denied.


text:
    Mary B. Brown, Appellant, v. Norman S. Willard, Respondent.
    Argued November 26, 1951;
    decided December 7, 1951.

      Clarence E. Conley for appellant.

      William D. Kiley and Robert F. McDermott, Jr., 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 Joseph C. Bancroft, Appellant, against Court of Special Sessions of the City of New York et al., Respondents.
    Argued October 4, 1951;
    decided December 7, 1951.

      Clarence G. Pickard for appellant.

      Denis M. Hurley, Corporation Counsel (Alfred Weinstein 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:
    Mornet, Inc., Appellant, v. Chas. Kaye Realty Co., Inc., Respondent.
    Submitted November 21, 1951;
    decided December 7, 1951.

      William J. Solomon for appellant.

      Robert B. Block and Bernard A. Saslow for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Helen Ames, Respondent, v. Watson Elevator Co., Inc., Appellant, and Jalpur Realty Corporation et al., Respondents.
    Argued November 28, 1951;
    decided December 7, 1951.

      Joseph P. Carey for appellant.

      Joseph R. Shaughnessy for plaintiff-respondent.

      Leo E. Berson and William J. Tropp for defendants-respondents.
   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 48 W. 37 Corp., Appellant. Standard Thread Co., Inc., Respondent.
    Submitted November 21, 1951;
    decided December 7, 1951.

      Frederick E. Zane and Daniel M. Zane for appellant.

      Bernard A. Finkel and Isidor E. Schlesinger 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 Carmine Pizza, Appellant, against John A. Lyons, as New York State Commissioner of Correction, et al., Respondents.
    Submitted November 29, 1951;
    decided December 7, 1951.

      Frank Composto and Livingston Hall for appellant.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and William S. Elder, Jr., of counsel), for respondents.
   Order affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Taking no part: Froessel, J. [See 303 N. Y. 900.]


text:
    Joseph Axelrod, Appellant, et al., Plaintiffs, v. Edgar Krupinski et al., Respondents.
    Argued November 20, 1951;
    decided December 7, 1951.

      Ralph Stout and Bernard Braun for appellant.

      Walter L. Glenney for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Gaetano Iodice et al., Appellants, v. State of New York, Respondent.
    (Claim No. 28103.)
    Argued October 16, 1951;
    decided December 7, 1951.

      John P. Gualtieri and G. Edward La Gatta for appellants.

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

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Froessel, J., dissents in the following memorandum : I dissent and vote for reversal for the reasons stated in the dissenting opinion below (277 App. Div. 647, 654). Moreover, the evidence is uncontradicted that the natural flow of water was substantially increased by waters continuously diverted into the Delta Reservoir during July, August and through September 15, 1945, through the artificial Forestport feeder created and controlled by the State.


text:
    In the Matter of Sarah Nadler, Respondent, against Joseph D. McGoldrick, State Rent Administrator, Constituting the Temporary State Housing Rent Commission, Appellant.
    Argued November 19, 1951;
    decided December 7, 1951.

      Emory Gardiner and Robert H. Schaffer for appellant.

      Joseph Slipyan for respondent.
   Order affirmed, with costs; no opinion.

. Concur: Loughran, Ch. J., Lewis, Conwat, Desmond, Dte, Fttld. and Froessel, JJ.


text:
    In the Matter of Hattie McCoy et al., Appellants, against Joseph D. McGoldrick, Constituting the Temporary State Housing Rent Commission, Respondent.
    Argued November 26, 1951;
    decided December 7, 1951.

      Maurice R. Whitebook, Harry Fractenberg and I. William Garfield for appellants.

      Emory Gardiner and Robert H. Schaffer for respondent.
   Orders reversed and determination of the Temporary State Housing Rent Commission annulled, with costs in all courts. Section 2 of the State Emergency Housing Rent Control Law (L. 1950, ch. 250, as amd.) and section 5, formerly section 12 thereof, permit the issuance by the commission of an eviction certificate as to a rooming house like the one here involved only when “ no part of the accommodations is used by the tenant as his dwelling ” (§ 5, subd. 2, par. [b]). No opinion.

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


text:
    International Diesel Electric Company, Incorporated, Appellant, v. Solomon Marchak, Defendant. Andrew R. L. McNaughton, Respondent.
    Submitted December 3, 1951;
    decided December 7, 1951.

      Borris M. Komar for motion.

      Hyman I. Fischbach opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days from the date of this order appellant files the required undertaking and pays. $10 costs, in which events motion denied. In all other respects the motion is denied. As to that phase of the motion which seeks dismissal upon the ground that the appeal is moot, the denial is without prejudice to a renewal thereof upon the argument.


text:
    Edwin R. La Vin, Respondent, v. Russell C. La Vin et al., Defendants, and Sanford Hotel Corp., Appellant.
    Submitted December 3, 1951;
    decided December 7, 1951.

      Meyer Kraushaar for motion.

      Leo E. Sherman opposed.
   Motion granted and appeal dismissed upon the ground that the order does not finally determine the matter within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. William R. Patrick Doyle, Appellant.
    Submitted December 7, 1951;
    decided December 7, 1951.
   Motion for reargument of motion to dismiss appeal and of motion for enlargement of time [within which to argue the above-entitled appeal] granted, and, upon reargument, order of November 29, 1951, vacated and motion for enlargement of time granted and case set down for argument during the January, 1952, session. [See 303 N. Y. 670, 771; 304 N. Y. 120.]


text:
    The People of the State of New York, Respondent, v. James Michael O’Neil, Appellant.
    Argued November 27, 1951;
    decided January 10, 1952.

      Robert Lamont for appellant.

      T. Paul Kane, 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, Respondent, v. Donald E. Crimi, Appellant.
    Submitted December 3, 1951;
    decided January 10, 1952.

      Charles J. McDonough for appellant.

      John J. Gardner, District Attorney, for respondent.
   Order affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Morris Leff, Appellant.
    Argued October 17, 1951;
    decided January 10, 1952.

      Murray I. Gurfein and Harris B. Steinberg for appellant.

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

Concur: Loughran, Ch. J., Lewis, Conway, Dye and Froessel, JJ. Desmond and Fuld, JJ., dissent upon the opinion of Mr. Justice Shientag dissenting in the Appellate Division.


text:
    The People of the State of New York, Respondent, v. Lewis Wolfe, Appellant.
    Argued November 28, 1951;
    decided January 10, 1952.

      Lewis Wolfe, in person, Harry G. Anderson, Franklin Miller and Rudolph Stand for appellant.

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

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


text:
    Lester Schmid, Appellant, v. Harry Werner et al., Defendants, and City of New York, Respondent.
    Argued November 29, 1951;
    decided January 10, 1952.

      Joseph J. Einhorn 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. [See 304 N. Y. 643.]


text:
    In the Matter of the Claim of Max Bernstein, Appellant. Edward Corsi, as Industrial Commissioner, Respondent.
    Submitted November 28, 1951;
    decided January 10, 1952.

      Ralph Shapiro for appellant.

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

Concur: Loughran, Ch. J., Desmond, Dye and Fuld, JJ. Lewis, Conway and Froessel, JJ., dissent and vote to reverse the order of the Appellate Division and to reinstate the decision of the appeal board.


text:
    The People of the State of New York, Appellant, v. Arthur Sullivan, Respondent.
    Argued November 28, 1951;
    decided January 10, 1952.

      John P. McGrath, Corporation Counsel (Samuel D. Johnson and Seymour B. Quel of counsel), for appellant.

      Sidney M. Block for respondent.

      Harold J. Drescher for Carey Cadillac Renting Company, Inc., amicus curiæ, in support of respondent’s position.
   Order affirmed; no opinion.

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


text:
    Elizabeth Callas, an Infant, by Paul Callas, Her Guardian ad Litem, Appellant, v. Whisper, Inc., et al., Respondents.
    Argued December 3, 1951;
    decided January 10, 1952.

      Isadore Kupfer and Joseph Levine for appellant.

      Albert A. De Stefano and Alexander Stone for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Harry Kay and Murray Fischel, Appellants. The People of the State of New York, Respondent, v. Philip E. Nannery and Edward J. Cronley, Appellants.
    Argued November 29, 1951;
    decided January 10, 1952.

      Kalman I. Nulman and Louis B. Brodsky for Harry Kay, appellant.

      Milton D. Goldman, Jerome Drazen and Daniel M. Shientag for Murray Fischel, appellant.

      Alexander Sacks for Philip E. Nannery and another, appellants.

      Frank S. Hogan, District Attorney (Richard G. Denzer of counsel), for respondent.
   Judgments affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 303 N. Y. 830.]


text:
    In the Matter of Milton M. Bergerman, Individually and as Chairman of the Citizens Union of the City of New York, Respondent, against Thomas F. Murphy et al., Constituting the Board of Trustees of the Police Pension Fund of the City of New York, Respondents, and James F. Furey et al., Appellants.
    Argued December 3, 1951;
    decided January 10, 1952.

      James M. Landis, Charles Haydon and George J. Solomon for James E. Furey and another, appellants.

      Samuel D. Smoleff for Milton M. Bergerman, petitioner-respondent.

      Denis M. Hurley, Corporation Counsel (Seymour B. Quel and Andrew Bellanca of counsel), for Board of Trustees of Police Pension Fund of City of New York, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Frieda Rader et al., Appellants, v. Manufacturers Casualty Insurance Company of Philadelphia, Penna., et al., Respondents, et al., Defendants.
    Argued November 27, 1951;
    decided January 10, 1952.

      Maurice Finkelstein and A. H. Simon for appellants.

      Edward H. Levine and Arnold D. Roseman for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Bartley Contracting Corporation, Appellant, v. Dominick Aronna et al., Respondents.
    Submitted January 7, 1952;
    decided January 10, 1952.

      Joseph Joffe for motion.

      Ernest Fleischman opposed. .
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    John J. Harvey et al., Surviving Partners Doing Business under the Name of John J. Harvey Company, Appellants and Respondents, v. State of New York, Respondent and Appellant.
    (Claim No. 30277.)
    Submitted January 7, 1952;
    decided January 10, 1952.

      J. Walter Augar for motion.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Henry S. Manley of counsel), opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of the Claim of Elizabeth B. Brady, Respondent, against Fifth Madison Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted January 7, 1952;
    decided January 10, 1952.

      Bryan Stricker for motion.

      Nathaniel Goldstein, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), 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 Probate of the Will of Lilian G. McChesney, Deceased. Mary L. Brown et al., Appellants; National Commercial Bank and Trust Company of Albany, Respondent.
    Submitted January 7, 1952;
    decided January 10, 1952.
   Motion to amend remittitur denied, with $10 costs. [See 303 N. Y. 696.]


text:
    The People of the State of New York, Respondent, v. Kenneth Eurich, Appellant.
    Submitted January 7, 1952;
    decided January 10, 1952.
   Motion to amend remittitur denied. [See 303 N. Y. 723.]


text:
    The People of the State of New York, Respondent, v. John F. Miller, Appellant.
    Submitted January 7, 1952;
    decided January 10, 1952.

      Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for motion to dismiss appeal.

      Dennis M. Breen, Jr., opposed.
   Motion denied and case set down for argument during the February, 1952, session of the Court of Appeals.


text:
    William G. Pike, Plaintiff, v. Balmar Construction Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Norwood Steel and Iron Works, Inc., Third-Party Defendant-Appellant.
    Submitted January 7, 1952;
    decided January 10, 1952.

      Harry Schechter, Bernard Katzen and William H. Steiglitz for motion.

      Harold M. Harkavy and Frederick M. Garfield opposed.
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. William R. Patrick Doyle, Appellant.
    Submitted January 7, 1952;
    decided January 10, 1952.
   Motion for enlargement of time granted and case set down for argument during the first week of the February, 1952, session of the Court of Appeals. [See 303 N. Y. 670, 747; 304 N. Y. 120.]


text:
    Dorothy C. Lynes, Appellant, v. Salvatore Debenedictus, Respondent.
    Argued January 7, 1952;
    decided January 17, 1952.

      John J. Scully and James H. Hyer for appellant.

      Andrew J. Cook and Abraham Streifer for respondent.
   Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presented questions of fact which were proper for submission to the jury. No opinion.

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


text:
    Josephine Bonn, Respondent, v. Metropolitan Life Insurance Company, Defendant, and First Trust and Deposit Company, Individually and as Trustee, Appellants.
    Argued December 5, 1951;
    decided January 17, 1952.

      Philip T. Young for appellants.

      Hilbert I. Greene for respondent.
   Judgments affirmed, with costs; no opinion.

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


text:
    In the Matter of the Application of William Benning, Appellant, for a Writ of Habeas Corpus to Determine the Custody of Kathryn A. Benning, an Infant. Arrillio Nigro et al., Respondents.
    Argued December 6, 1951;
    decided January 17, 1952.

      Loren W. Lillis for appellant.

      Millard J. Noonan for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Gertrude Diamond, Appellant, against Harold Fields et al., Constituting the Board of Examiners of the Board of Education of the City of New York, Respondents.
    Argued November 27, 1951;
    decided January 17, 1952.

      Copal Mintz for appellant.

      Denis M. Hurley, Corporation Counsel (Sidney P. Nadel 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:
    Raymond A. Pettingill et al., Respondents, v. Streg, Inc., et al., Appellants.
    Argued January 7, 1952;
    decided January 17, 1952.

      Philip J. O’Brien and John G. Coleman for appellants.

      Abraham L. Shapiro, Abraham Schlissel and Samuel Lawrence Brennglass for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Olympia Restaurant Corp., Respondent, against John F. O’Connell et al., Constituting the New York State Liquor Authority, Appellants.
    Argued December 6, 1951;
    decided January 17, 1952.

      Alvin McKinley Sylvester for appellants.

      Max Krongold and Ezekiel Jasper 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. Thomas McCormack, Appellant.
    Argued December 4, 1951;

    decided January 17, 1952.

      Joseph F. Clements for appellant.

      Frank S. Hogan, District Attorney (Charles W. Manning and Richard G. Denzer of counsel), for respondent.
   Judgment affirmed under section 542 of the Code of Criminal Procedure; no opinion.

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


text:
    Frederick H. Engelken et al., Respondents, v. Shanty Shops, Inc., Appellant, et al., Defendants.
    Submitted December 7, 1951;
    decided January 17, 1952.

      Harold S. Lynton for appellant.

      John F. Reddy, Jr., for respondents.
   On appeal from judgment, judgment affirmed, with costs. On appeal from order, appeal dismissed. No opinion.

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


text:
    E. I. du Pont de Nemours & Company, Appellant, v. J. I. Hass Co., Inc., Respondent, et al., Defendants.
    Argued December 4, 1951;
    decided January 17, 1952.

      Harold R. Medina, Jr., and Albert Rosenblum for appellant.

      Milton M. Leichter and Julius Wolfson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Joseph W. Mazalewski, Appellant, et al., Defendants.
    Argued December 5, 1951;
    decided January 17, 1952.

      James J. McDonough and Henderson Morrison, Jr., for appellant.

      Frank A. Gulotta, District Attorney (Philip Huntington and Henry P. De Vine of counsel), 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, Respondent, v. James Martine, Appellant.
    Argued December 6, 1951;
    decided January 17, 1952.

      David T. Berman for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Bernard Stein, Appellant.
    Reargued December 5, 1951;
    decided January 17, 1952.

      Henry A. Lowenberg for appellant.

      Frank S. Hogan, District Attorney (Richard G. Denzer and Jack M. Cotton of counsel), for respondent.
   Upon the reargument of the appeal upon the ground of newly discovered evidence: Judgment of conviction affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Dye, Fuld and Froessel, JJ. Conway, J., dissents in the following memorandum: After considering the testimony received on the motion for a new trial made upon the ground of newly discovered evidence, I am confirmed in what I wrote when the case was here originally. (302 N. Y. 915.) The crucial issue is a matter of identity. The evidence of identity is not of such weight and credibility as to convince me that the jury was justified in finding the defendant guilty beyond a reasonable doubt.

I also think that a reading of the testimony of the witness Sherf on the question of identity discloses that the zeal of the trial court in seeking to assist in exploring the. facts resulted in depriving the defendant of a fair trial.

I, therefore, vote to reverse the judgment and grant a new trial. [See 302 N. Y. 915; 303 N. Y. 627, 853.]


text:
    In the Matter of Thomas W. Jefferys, Appellant, against Comptroller of the City of New York et al., Respondents.
    Argued December 4, 1951;
    decided January 17, 1952.

      Peter Schneider and Murray H. Blumenfeld for appellant.

      Denis M. Hurley, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Dye, Fuld and Froessel, JJ. Conway, J., dissents on the opinion of Mr. Justice Cohn in the court below.


text:
    Sylvia Brauer, Respondent, v. Louis H. Brauer, Appellant.
    Argued December 7, 1951;
    decided January 17, 1952.

      Avel B. Silverman and Maurice Abrams for appellant.

      Jack Clareman and Benet Polikoff for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Joseph McNamara, Respondent, v. City of Niagara Falls, Appellant. Mary McNamara, Respondent, v. City of Niagara Falls, Appellant.
    Argued December 5, 1951;
    decided January 17, 1952.

      Clarence W. Greenwald, Corporation Counsel (Sigismund M. Lopacki of counsel), for appellant.

      George M. Donohue for respondents.
   In each action: Judgment affirmed, with costs; no opinion.

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


text:
    Leo Agress et al., Copartners Doing Business under the Name of Agress Nut & Seed Co., Respondents, v. Omer C. Turkmenilli, Appellant. Joseph A. Zaloom et al., Copartners Doing Business under the Name of Joseph A. Zaloom & Company, Respondents, v. Omer C. Turkmenilli, Appellant.
    Argued December 6, 1951;
    decided January 17, 1952.

      Arthur Karger and Rudolph L. Cherurg for appellant.

      Albert Adams for respondents.
   In each proceeding .* Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye and Froessel, JJ. Loughran, Ch. J., and Fuld, J., dissent on the ground that plaintiffs waived their rights under the arbitration clause in prosecuting their action against the defendant as they did.


text:
    Chase National Bank of the City of New York, Plaintiff, v. Directorate General of Postal Remittances & Savings Bank et al., Appellants; T. Y. Ho et al., Respondents, et al., Defendants.
    Submitted November 26, 1951;
    decided January 17, 1952.

      Martin Popper for motion.

      Harold Riegelman, H. H. Nordlinger and Simon J. Hauser 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:
    Robert W. Thompson, Doing Business as Robert W. Thompson Company, Respondent, v. Trinity Operating Company, Inc., Appellant.
    Submitted January 7, 1952;
    decided January 17, 1952.

      Frederick G. Watson for motion.

      C. I. Donahue and Monroe Fink opposed.
   Motion denied, with $10 costs and necessary printing disbursements, upon the ground that an appeal lies as of right. [See 303 N. Y. 901.]


text:
    Nancy Stevens, as Administratrix of the Estate of George Stevens, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 27979.)
    Submitted January 7, 1952;
    decided January 17, 1952.

      Melvel W. Snitow for motion.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Ruth Kessler Toch of counsel), opposed.
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of the Claim of George C. Bitsakis, Appellant, against Alexander P. Wine et al., Respondents. Workmen’s Compensation Board, Respondent.
    Submitted January 7, 1952;
    decided January 17, 1952.

      George C. Bitsakis, in person, for motion.

      John M. Cullen opposed.
   Motion dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Arthur E. Knapp et al., Respondents, v. Walter Fasbender, Individually, as Supervisor of the Town of Huntington, and as a Member of the Board of Trustees of Said Town, et al., Appellants, et al., Defendants. (Consolidated Action.)
    Submitted January 14, 1952;
    decided January 17, 1952.

      E. Merritt Weidner and John C. Toaz for motion.
    No one opposed.
   Motion granted, without costs.


text:
    In the Matter of Court & Remsen Building Corp., Respondent. Hillard Pollack et al., Appellants.
    Submitted January 14, 1952;
    decided January 17, 1952.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 303 N. Y. 358.]


text:
    In the Matter of Alexander Murray et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, against Joseph A. McNamara et al., Constituting the Municipal Civil Service Commission of the City of New York, Respondents.
    Submitted January 7, 1952;
    decided January 17, 1952.
   Motion for an order permitting twenty-one persons to intervene herein as interveners-respondents and for reargument of the appeal denied, with $10 costs and necessary printing disbursements. [See 303 N. Y. 140.]


text:
    The People of the State of New York, Respondent, v. Frank Gibbs, Appellant.
    Argued January 9, 1952;
    decided January 24, 1952.

      James Li Brize for appellant.

      Jack E. Gellman, District Attorney (Anthony W. Brick, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Dye, Fuld and Froessel, JJ. Desmond, J., dissents on the ground that it was not established beyond a reasonable doubt that the defendant committed any crime. [See 303 N. Y. 1006.]


text:
    Alma M. Gallagher, an Infant, by Alma Gallagher, Her Guardian ad Litem, et al., Appellants, v. Citizens Water Works of the Town of Highlands, Respondent.
    Argued January 8, 1952;
    decided January 24, 1952.

      Henry Hirschberg and Ernest M. Levinson for appellants.

      George F. Roesch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Dye and Fuld, JJ. Conway and Froessel, JJ., dissent and vote for reversal and a new trial, with costs to abide the event upon the dissenting opinion of Mr. Justice Sneed in the court below.


text:
    Kate Klein, as Administratrix of the Estate of Jacob Klein, Deceased, Respondent, v. Long Island Rail Road Company, Appellant.
    Argued January 7, 1952;
    decided January 24, 1952.

      William F. McNulty, Richard R. Bongartz and William J. O’Brien for appellant.

      John J. McGinty and J. C. Thomson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mario Scolaro et al., Appellants, v. Leonard Little et al., Respondents, et al., Defendants.
    Argued January 8, 1952;
    decided January 24, 1952.

      Osborne A. McKegney and Thomas V. Tozzi for Mario Scolaro and another, appellants.

      Charles E. Lapp, Jr., and Eugene R. Hurley for Constance Hurley, appellant.

      Osborne A. McKegney for Point Lookout Civic Association, Inc., amicus curiæ, in support of appellants’ position.

      Ferdinand I. Haber for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of 184 Realty Corporation, Respondent. National Uniform Company, Inc., et al., Appellants.
    Argued January 9, 1952;
    decided January 24, 1952.

      Harry G. Anderson and Mortimer Schwartz for appellants.

      Nathaniel T. Helman and Bernard H. Kayden 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 Raymond M. Chaitin, Appellant, against Board of Regents of the University of the State of New York, Respondent.
    Argued January 11, 1952;
    decided January 24, 1952.

      Henry Epstein and Bernard Bienstock for appellant.

      Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent.
   Order of the Appellate Division reversed, with costs in this court and in the Appellate Division, and the determination of the Board of Regents annulled, on the ground that the sending of the letters by appellant did not, under the circumstances, constitute such advertising by means of * * * letters ” as is made a basis for disciplinary action by paragraph (d) of subdivision 2 of section 6514 of the Education Law. 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. Roadway Transit Company, Appellant.
    Argued December 3, 1951;
    decided January 24, 1952.

      James R. Ulsh for appellant.

      Fred C. Maloney, Corporation Counsel (Aaron Weinstein of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the City of Buffalo, Respondent, v. Detroit Steel Products Company, Appellant.
    Argued December 3, 1951;
    decided January 24, 1952.

      Francis V. Cole, William M. Fay and Alexander C. Cordes for appellant.

      Fred C. Maloney, Corporation Counsel (Aaron Weinstein of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Bernard Kaufman, Appellant, v. Albert Farah, Respondent.
    Argued January 9, 1952;
    decided January 24, 1952.

      Bernard Kaufman, in person, and Theodore Garfiel for Bernard Kaufman, appellant.

      Edward Friedman, John J. Sullivan, Eugene J. Finnegan and Gabriel E. Torre for respondent.
   Per Curiam.

We agree with the Appellate Division that the complaint is legally insufficient (Civ. Prac. Act, § 241; Kalmanash v. Smith, 291 N. Y. 142, 153; Naumer v. Gray, 28 App. Div. 529; Steuer v. Hart, 175 App. Div. 829; see, also, Lanyon’s Detective Agency v. Cochrane, 240 N. Y. 274, 277), with the modification, however, that appellant be given ten days to plead over. The judgment should be modified by providing that plaintiff may have ten days in which to serve an amended complaint on payment of costs in all courts, and, as so modified, affirmed.

If the appellant fails to avail himself of such modification, then the judgment is affirmed, with costs.

Lewis, Conway, Dye, Fuld and Froessel, JJ., concur in Per Curiam opinion. Loughran, Ch. J., and Desmond, J., dissent and vote to deny the motion to dismiss the complaint on the ground that this pleading sufficiently complies with section 241 of the Civil Practice Act.

Judgment accordingly.


text:
    Alfred Paglia, Appellant, v. State of New York, Respondent.
    (Claim No. 29407.)
    Argued January 7, 1952;
    decided January 24, 1952.

      James R. Skaken for appellant.

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

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


text:
    Val-Kill Co., Inc., Respondent, v. Cities Service Oil Company, Appellant.
    Argued January 9, 1952;
    decided January 24, 1952.

      George H. Colin, Benjamin Mosher, Joseph P. Pfingst and John J. Daly for appellant.

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

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


text:
    Henrietta Mahar, Respondent, v. City of Albany, Defendant, and Luigi Merolle et al., Appellants.
    Argued January 11, 1952;
    decided January 24, 1952.

      John J. Scully and Malcolm G. Bibby for appellants.

      Charles J. Ranney for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Frank J. Shallow, Appellant, v. Metropolitan Life Insurance Company, Defendant, and Emma C. Carballal, Respondent.
    Argued January 8, 1952;
    decided January 24, 1952.

      Samuel Seligsohn and Daniel S. Weiss for appellant.

      Philip A. Limpert for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the City of New York Relative to Acquiring Title to Real Property Required for the Opening and Extending of Harlem River Drive, Borough of Manhattan. Israel Lewis, Respondent; Josephine Kearse et al., Appellants.
    Argued December 6, 1951;
    decided January 24, 1952.

      Ephraim Berliner, Arthur Karger and Selma Munter Lobsenz for appellants.

      Max Freund, Samuel I. Rosenman and Seymour D. Lewis for respondent.
   Order affirmed, with costs as of December 6,1951; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Harry Kay and Murray Fischel, Appellants.
    Submitted January 22, 1952;
    decided January 24, 1952.
   Motion for reargument and for a stay denied. [See 303 N. Y. 760.]


text:
    Herman Wennemer, Inc., Appellant, v. John T. Brady & Co., Inc., Respondent.
    Submitted January 14, 1952;
    decided January 24, 1952.

      Martin R. Harkavy and Henry H. Harkavy for motion.
    No one 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 Abraham Newman, Appellant, against Robert E. Murphy, as Warden of Auburn State Prison, Respondent.
    Submitted December 3, 1951;
    decided January 24, 1952.

      Abraham Newman, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (William S. Elder, Jr., Wendell P. Brown and Herman N. Harcourt of counsel), opposed.
   Motion denied. No substantial constitutional question is presented. (Matter of Pizza v. Lyons, 278 App. Div. 65, affd. 303 N. Y. 736.)


text:
    The People of the State of New York, Respondent, v. Lewis Wolfe, Appellant.
    Submitted January 21, 1952;
    decided January 24, 1952.

      Lewis Wolfe, in person, for motion.
    No one opposed.
   Motion for discharge from custody dismissed. Motion for dismissal of appeal denied.


text:
    James Cartee, Appellant, v. Saks Fifth Avenue, Respondent. Saks & Company, Sued Herein as Saks Fifth Avenue, Third-Party Plaintiff-Appellant, v. Daniel Fraad, Jr., et al., Doing Business as Allied Maintenance Co., Third-Party Defendants-Respondents.
    Argued January 14, 1952;
    decided January 25, 1952.

      Edgar T. Schleider, Edward L. Mollis and Alfred Schleider for appellant.

      John J. Stewart and John P. Smith for respondent and third-party appellant.

      Marry Schechter, Bernard Katzen and William H. Stieglitz for third-party respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    Antonio Dellamorgia, Appellant, v. Harry Weinberg, Respondent.
    Submitted January 16, 1952;
    decided January 25, 1952.

      Stephen R. J. Roach for appellant.

      William T. Gallagher and Leo F. Potts for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Arbitration between Hatzel & Buehler, Inc., Respondent, and George A. Fuller Company, Appellant.
    Argued January 10, 1952;
    decided January 25, 1952.

      Karl Propper for appellant.

      John J. Cunneen and Joseph A. Byrne for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Anna M. Koenig, Individually and as Executrix of Robert J. Koenig, Deceased, Appellant, v. Arthur T. Koenig, Respondent.
    Argued January 14, 1952;
    decided January 25, 1952.

      Charles Podsen for appellant.

      Abraham Waldman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Payten Realty Co., Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents. (1944-45, 1945-46, 1946-47, 1947-48.)
    Argued January 16, 1952;
    decided January 25, 1952.

      Peter H. Brandt and Belle G. Kopel for appellant.

      Denis M. Hurley, Corporation Counsel (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:
    Anna E. M. Imbrioscia, Appellant, v. Frank J. Quayle et al., Constituting the Board of Trustees of the New York Fire Department Pension Fund and the New York Fire Department Life Insurance Fund, et al., Respondents.
    Argued January 14, 1952;
    decided January 25, 1952.

      James N. Fazio for appellant.

      Bernard Meyerson and John G. Esposito for Elizabeth Imbrioscia, respondent.

      Denis M. Hurley, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for Board of Trustees of New York Fire Department Pension Fund and Life Insurance Fund, respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mary Styler, Respondent, v. City of New York, Appellant.
    Argued January 22, 1952;
    decided January 25, 1952.

      Denis M. Hurley, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for appellant.

      Jerome Golenbock and Harvey Nachman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Larchmont Drug Store, Inc., Respondent, v. 4915 Realty Corp. et al., Appellants.
    Argued January 16, 1952;
    decided January 25, 1952.

      J. Harvey Turnure for 4915 Realty Corp., appellant.

      George O. Becker for Neilsen Retail Stores, Inc., appellant.

      Henry P. Rubin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mary Cullinan et al., Respondents, v. 61 Riverside Drive Corporation, Defendant, and West Contracting Co., Inc., Appellant.
    Argued January 10, 1952;
    decided January 25, 1952.

      William L. Shumate and Frederick M. Garfield for appellant.

      Archie E. Latto and Thomas J. O’Neill for respondents.
   Judgment affirmed, with costs; no opinion.

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