text:
    Jane E. Betzag, as Administratrix of the Estate of John A. Betzag, Deceased, et al., Appellants, v. Gulf Oil Corporation, Respondent.
    Argued March 1, 1950;
    decided June 1, 1950.

      John W. MacDonald, Thomas J. P. Cawley, Horace E. Whiteside and Rudolf B. Schlesinger for appellant.

      Matthew S. Gibson, Frederick L. Scofield and Henry Cohen for respondent.
   Per Curiam.

When the Appellate Division for the Second Department initially reversed “ on the law and the facts ”, it wrote a memorandum, explicitly referred to in the order (Civ. Prac. Act, § 607), in which, after ruling that the complaint should be dismissed because of the insufficiency of the evidence, it declared —‘‘ although in any event a new trial would be granted because of the excessiveness of the verdict.” (272 App. Div. 935, 936.) This court regarded and treated the reversal — particularly in the light of the general practice followed by that Appellate Division — as one upon the law and only upon that aspect of the facts which related to the excessiveness of the verdict. Consequently, our remission to the Appellate Division in January of 1949 (298 N. Y. 358) was for the limited purpose of having that court consider the fact with which the Appellate Division had indicated disagreement, namely, the question as to amount of damages.

Lacking clarity, our remittitur of January 13, 1949, failed to express our decision in terms indicating our intention, with the result that when the matter was again before the Appellate Division, it reversed “ on the facts ” generally and pro-ceded to grant a new trial (275 App. Div. 770).

To remedy the situation and to have our remittitur of January 13,1949, reflect this court’s decision and purpose, we shall recall our remittitur so that it may be amended to provide that the judgment of the Appellate Division be reversed, with costs, and that the case be remitted to the Appellate Division to take such further proceedings not inconsistent with our opinion for the purpose of having that court deal only with the excessiveness of the verdict.

Accordingly the order of the Appellate Division should be reversed, with costs.

Return of remittitur of January 13,1949, requested and when returned it will be amended to read as follows:

Judgment of Appellate Division reversed, with costs, and the case remitted to the Appellate Division to take such further proceedings, not inconsistent with the opinion herein, for the purpose of having that Court deal only with the excessiveness of the verdict.”

Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ., concur; Froessel, J., taking no part.

Ordered accordingly.


source: Caselaw Access Project

license: Public Domain

text:
    Morris Goldblatt, Respondent, v. Joseph Rosenwasser, Appellant.
    Argued May 15, 1950;
    decided June 1, 1950.

      Sidney Squire, Harold L. Fisher and Frank Leavitt for appellant.

      Martin L. Conrad and Harry Schneider for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

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


text:
    In the Matter of Garibaldi M. Lapolla, on Behalf of Himself and Others Similarly Situated, Appellant, against Board of Education of the City of New York et al., Respondents.
    Argued April 11, 1950;
    decided June 1, 1950.

      Jonas J. Shapiro, Herbert A. Wolff and Herbert Feiler for appellant.

      John P. McGrath, Corporation Counsel (Arthur H. Kahn, Seymour B. Quel and Michael A. Castaldi 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 Anna S. Baeuchle, Deceased. Ida Reinert et al., Appellants; Allison S. Behr, as Executor and Trustee under the Will of Anna S. Baeuchle, Deceased, et al., Respondents.
    Argued May 17, 1960;
    decided June 1, 1950.

      Alexander Levin for appellants.

      Bernard A. Green and Joshua S. Chinitz for petitioner-respondent.

      Edward I. Devlin, Jr., for legatee-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.


text:
    Suzette Burns et al., Appellants, v. Board of Education of the City of New York, Respondent.
    Argued May 22, 1950;
    decided June 1, 1950.

      A. Mark Levien for appellants.

      John P. McGrath, Corporation Counsel (Arthur H. Kahn, Seymour B. Quel and Michael A. Castaldi of counsel), 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. Willie Nelson, Gonzie Lee Attaway and William Butler, Appellants.
    Argued May 23, 1950;
    decided June 2, 1950.

      Adolph M. Newman for appellants.

      Gordon Steele, District Attorney (George H. Metz and Leonard Finkelstein of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Samuel L. Hornstein, Respondent, v. W. Harry Lister et al., as Members of the Board of Trustees of the Incorporated Village of Rockville Centre, Appellants.
    Argued May 18, 1950;
    decided June 2, 1950.

      Edgar T. Beamish for appellants.

      Albert H. Levine for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ethel B. Hoyt, Respondent, v. Harold W. Hoyt, Appellant.
    Argued May 24, 1950;
    decided June 2, 1950.

      H. Broadman Epstein and Harry N. French for appellant.

      Edward E. Hoenig for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John Hewlett, Appellant, v. Alfred Caplin, Respondent.
    Argued May 25, 1950;
    decided June 2, 1950.

      Winslow M. Lovejoy, Patrick M. Casey and Lincoln Stevenson for appellant.

      Edward S. Greenbaum, Jerome Handler and Herbert Feiler for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Thomas J. Russell, Respondent, v. New York State Electric & Gas Corporation, Appellant, et al., Defendants.
    Argued May 18, 1950;
    decided June 2, 1950.

      Walter L. Glenney for appellant.

      N. Joseph Friedman for respondent.

      Walter A. Caddell for New York State Police Benevolent Association, Inc., amicus 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:
    In the Matter of Buffalo Creek Railroad Company, Respondent, against City of Buffalo, Appellant.
    Argued May 23, 1950;
    decided June 2, 1950.

      Fred C. Maloney, Corporation Counsel (Abraham I. Okun of counsel), for appellant.

      William G. Conable for respondent. .
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion. No opinion.

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


text:
    Robert P. Zobel, as Sole Surviving Director of Caribbean Guano Company and on Behalf of Himself and All Other Stockholders of Caribbean Guano Company, Appellant, v. Jean U. Koree, Respondent.
    Argued May 17, 1950;
    decided June 2, 1950.

      David Harrison for appellant.

      Milton S. Gould and George Trosk for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Froessel, JJ. Fuld, J., dissents and votes to reverse the judgment and to render declaratory judgment in favor of the plaintiff.


text:
    The People of the State of New York ex rel. John K. Moffett, Appellant, against Spencer E. Bates et al., Constituting the State Tax Commission, Respondents.
    Argued May 23, 1950;
    decided June 2, 1950.

      Ethan A. Hitchcock and Lee McCanliss for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., 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:
    Roy W. Johnston, Respondent, v. George K. Blanchard, Appellant.
    Submitted May 15, 1950;
    decided June 2, 1950.

      Archie B. Morrison, Daniel Miner, John D. Lynn and Robert A. Dwyer for appellant.

      Robert Hoffman and Samuel S. Kolman for respondent.
   Judgment affirmed, with costs. On this record, the jury was free to find that plaintiff had left a place of safety, with defendant’s knowledge, in order to help defendant find his ball, and, after it was found, was struck without warning when defendant played the recovered ball. No opinion.

Concur: Lewis, Conway, Dye and Froessel, JJ. Loughran, Ch. J., Desmond and Fuld, JJ., dissent on the ground that plaintiff, as a participant in the game, assumed the ordinary risks thereof, including the risk of an accident such as this.


text:
    Adolph Apton, Appellant, v. Barclays Bank Limited, Respondent.
    Argued May 18, 1950;
    decided June 2, 1950.

      Benjamin Levin and Julius B. Weigert for appellant.

      Clifton S. Thomson, Robert M. McCulloch, Gerhard R. Gerhard, John D. Kernan, Jr., and Charles N. Schenck, III, for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Chase National Bank of the City of New York, as Trustee under Indenture between Charles L. Cobb and Said Bank, Respondent, v. J. Howard McGrath, Attorney General of the United States, as Successor to the Alien Property Custodian, Intervener, Appellant, and Bruno Reinicke, Jr., et al., Respondents.
    Argued May 22, 1950;
    decided June 2, 1950.

      Robert B. McKay and James L. Morrison, Attorneys, Department of Justice, Harold I. Baynton, Acting Director, Office of Alien Property, and Irving H. Saypol, United States Attorney for the Southern District of New York, for appellant.

      Thomas A. Ryan for Chase National Bank, respondent.

      Jeremiah P. Lyons, guardian ad litem for infants and persons unknown.
   Judgment affirmed, with costs to the respondents payable out of the fund; 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. Leonard Rosenberg, Respondent.
    Argued May 29, 1950;
    decided June 2, 1950.

      Frank S. Hogan, District Attorney (Whitman Knapp, Edwin C. Hoyt, Jr., and Edgar J. Nathan, 3d, of counsel), for appellant.

      Nathan Kestnbaum for respondent.
   Order affirmed; no opinion.

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


text:
    Josephine Ajaeb, Appellant, v. James Ajaeb, Respondent.
    Submitted May 29, 1950;
    decided June 2, 1950.

      Samuel Bader for appellant.

      Albert Adams for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Robert Goffin, Respondent, v. Esquire, Inc., Appellant, et al., Defendants.
    Submitted May 29, 1950;
    decided June 2, 1950.

      Emil K. Ellis and Sol Dubow for motion.

      Edward S. Greenbaum opposed.
   Motion denied, with $10 costs.


text:
    House of Freda, Inc., Appellant, v. Riverside Drive — 82nd Street Corporation, Respondent.
    Submitted May 29, 1950;
    decided June 2, 1950.

      Leonard H. Bernstein and Arthur P. West for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within thirty days from the date of our order, plaintiff take all necessary steps, including the furnishing of an undertaking on appeal and the filing and service of the requisite return and brief, so that the appeal may be on the calendar of this court at its first fall session, in which event motion denied.


text:
    In the Matter of Joseph A. O’Donnell, Appellant, against Francis J. Sinnott, as Clerk of the County of Kings, et al., Respondents, et al., Defendants.
    Submitted May 29, 1950;
    decided June 2, 1950.

      John P. McGrath, Corporation Counsel (Seymour B. Quel of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days from the date of the order appellant serves and files the required undertaking on appeal and pays $10 costs, and within twenty days from the date of the order appellant files the required record on appeal in which events motion denied.


text:
    Olga Krenitsky et al., as Administrators of the Estate of Peter Krenitsky, Deceased, Respondents, v. Ludlow Motor Company, Inc., Respondent, and American Employers’ Insurance Company, Intervener, Appellant. Arthur B. Buckeridge, as Executor of Eleanor L. Buckeridge, Deceased, Respondent, v. Ludlow Motor Company, Inc., Respondent, and American Employers’ Insurance Company, Intervener, Appellant.
    Submitted May 29, 1950;
    decided June 2, 1950.

      Chandler Y. Keller for motion.

      James B. Gitlitz 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:
    Albert A. Lutz Co., Inc., Respondent, v. Bond Stores, Incorporated, Appellant.
    Submitted May 29, 1950;
    decided June 2, 1950.

      Bernard Grossman for motion.

      Albert Foreman 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:
    Morton N. Wekstein et al., Appellants, v. Herald Statesman, Inc., et al., Respondents.
    Submitted May 29, 1950;
    decided June 2, 1950.

      Joseph Reeback for motion.

      Paul L. Bleakley, Morton N. Wekstein, in person, and Sol Friedman opposed.
   Motion denied, with $10 costs.


text:
    Sarah C. Thompson, as Administratrix of the Estate of Edward A. Thompson, Deceased, et al., Respondents, v. James J. Thompson, Appellant.
    Submitted June 2, 1950;
    decided June 2, 1950.

      James I. Cuff for motion.

      Baar, Bennett and Fullen opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the orders do not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the Brooklyn-Battery Tunnel Plaza, etc., in the Borough of Manhattan. 890 Broadway Corporation, Respondent.
    Argued May 24, 1950;
    decided July 11, 1950.

      John P. McGrath, Corporation Counsel (Bernard H. Friedman, Harry E. O’Donnell and Reuben Levy of counsel), for appellant.

      Nathan L. Goldstein 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 ex rel. Guy Faulds, Appellant, against Matthew Herberich, Respondent.
    Argued May 25, 1950;
    decided July 11, 1950.

      Albert H. Treiman for appellant.

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

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


text:
    In the Matter of the Arbitration between Industrial Union of Marine and Shipbuilding Workers of America, Local 39, C. I. O., Appellant, and Todd Shipyards Corporation, Respondent.
    Argued May 29, 1950;
    decided July 11, 1950.

      Samuel L. Rothbard, William Auerbach and Emil Oxfeld for appellant.

      Harry G. Hill and Robert B. Lisle for respondent.
   Order of Appellate Division reversed, without costs and matter remitted to the Appellate Division for consideration of the questions of discretion presented. (Civ. Prac. Act, § 1462; cf. Matter of City of New York [Brooklyn-Battery Tunnel Plaza], 300 N. Y. 331, 333.) No opinion.

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


text:
    In the Matter of the Estate of Frederick Voges, Deceased. President and Directors of the Manhattan Company, as Executor of Frederick Voges, Deceased, et al., Appellants; Frederick W. Voges, Respondent.
    Argued May 30, 1950;
    decided July 11, 1950.

      Ralph H. Wiener and Henry L. Flattau for President and Directors of the Manhattan Company, appellant.

      William H. Hinrichs for Alma Voges, appellant.

      George W. Herz and Clarice G. Burkard 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 ex rel. Zoel N. Lynch, Respondent, against Kathleen King et al., Appellants.
    Counsel appeared May 31, 1950;
    decided July 11, 1950.

      R. Lawrence Siegel and Morton Pepper for appellants.

      Louis Okin for respondent.
   Appeal dismissed; no opinion.

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


text:
    Thomas M. Healy, as Executor of Mary K. Stevens, Deceased, Respondent, v. Empire Trust Company, as Sole Surviving Trustee under the Will of Thomas B. Hidden, Deceased, et al., Defendants; Home for Old Men and Aged Couples et al., Appellants, and Jacob T. Shoenholz, as Substituted Administrator with the Will Annexed of Cornelia E. Stevens, Deceased, Respondent.
    Argued May 23, 1950;
    decided July 11, 1950.

      A. Hayne de Yampert, Walter F. Burke, Jr., Edward T. Pierce, Wilberforce Sully, Jr., Raymond A. Tierney, George N. Whittlesey, Williston Benedict, Malcolm G. Spooner, David G. Ashton, Robert A. West, Charles F. Hopkins and John E. Mack for Home for Old Men and Aged Couples and others, appellants.

      Milton Schilback and E. Williams Holmes for Thomas M. Healy, respondent.

      Milton Schilback for Jacob T. Shoenholz, respondent.

      William L. Woodward for Empire Trust Company, defendant.
   Judgment affirmed, with costs to each party, or group of parties, filing separate briefs payable from the four trusts in the proportions fixed by the judgment of the Appellate Division. No opinion.

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


text:
    Bardons and Oliver, Inc., Respondent, v. Amtorg Trading Corporation, Appellant.
    Argued May 25, 1950;
    decided July 11, 1950.

      Edward R. Finch, Paul L. Ross, Chester L. Hirsch and Howard N. Meyer for appellant.

      Horace G. Hitchcock and Melvin D. Goodman 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 Sydney J. Lamon, as Trustee, et al., Appellants and Respondents. City of New York, Respondent and Appellant.
    Argued May 30, 1950;
    decided July 11, 1950.

      Charles L. Sylvester and Joel K. Mithers for appellants and respondents.

      John P. McGrath, Corporation Counsel (Benjamin Offner, Harry E. O’Donnell and Reuben Levy of counsel), for respondent and appellant.
   Order of Appellate Division modified by reducing the rent of the tenant-appellant to $21,681.06 and, as so modified, affirmed, without costs. (See Matter of Relmar Operating Corp. [Roffer], 297 N. Y. 609; Matter of Court Square Bldg. v. City of New York, 298 N. Y. 380, 389.) No opinion.

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


text:
    Margaret C. Henricks, Appellant, v. Arthur P. Henricks, Respondent.
    Argued June 2, 1950;
    decided July 11, 1950.

      Peter L. F. Sabbatino, Thomas J. Todarelli and Edward J. Fontana for appellant.

      Jay Leo Rothschild 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. Morris Kipnis, Appellant. The People of the State of New York, Respondent, v. Jack Greenapple, Appellant.
    Argued May 18, 1950;
    decided July 11, 1950.

      Irving Galt, Menahem Stim and Allen S. Stim for appellants.

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

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


text:
    John M. Sutton, Individually and as Assignee of the Claims of Freeman Doane and Another, Respondent, v. State of New York, Appellant.
    (Claim No. 28187.)
    Argued May 29, 1950;
    decided July 11, 1950.

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

      John M. Sutton, respondent in person.
   Judgment affirmed, with costs; no opinion.

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


text:
    Roberta J. Bridges, by Clayton T. Bridges, Her Guardian ad Litem, et al., Respondents, v. Board of Education of Central School District No. 1 of the Towns of Elba, Byron, Stafford, Batavia and Oakfield, Defendants, and Stamford Sherwood, Appellant.
    Argued May 30, 1950;
    decided July 11, 1950.

      Esmond D. Murphy and James R. Ulsh for appellant.

      Wallace J. Stakel 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 Wolf Zybert, Respondent. Adolphe Dab, Appellant. In the Matter of the Arbitration between Adolphe Dab, Appellant, and Wolf Zybert, Respondent.
    Argued May 31, 1950;
    decided July 11, 1950.

      Abraham Kaplan for appellant.

      Sidney S. Allen for respondent.
   Order affirmed, without costs; no opinion.

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


author: Froessel, J.

text:
    Willimay Chavers, an Infant, by Elleana Chavers, Her Guardian ad Litem, Appellant, v. City of Mount Vernon, Respondent.
    Submitted May 15, 1950;
    decided July 11, 1950.

      Garry J. Fury and Ray W. Aylesworth for appellant.

      James M. Gilleran and John J. O’Connor for respondent.
   Judgment affirmed, without costs, upon the authority of Matter of Martin v. School Bd. (Long Beach) (301 N. Y. 233), decided herewith.

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

Froessel, J.

(dissenting). A somewhat different situation is presented here than in Matter of Martin v. School Bd. (Long Beach) (301 N. Y. 233), decided herewith. Thére we dealt with the procedure established by section 50-e of the General Municipal Law, whereby the court on application is given a limited discretion with respect to the serving of notices of claim. Here the complaint was dismissed on motion, and without a trial of the uncontroverted issue of impossibility of performance, alleged in paragraph eleventh of the complaint.

The requirement with respect to the serving of a notice of claim is “ an essential part of a complainant’s cause of action ”, and compliance must be pleaded like any other condition precedent, unless there is pleaded an excuse for delay in performance ”, caused by “ the inability of the injured person to comply.” (Winter v. City of Niagara Falls, 190 N. Y. 198, 203; Walden v. City of Jamestown, 178 N. Y. 213, 217; Whiteside v. North Amer. Accident Ins. Co., 200 N. Y. 320, 323.) Here there is such a plea in a common-law action, and thus an issue of fact is presented on which plaintiff is entitled to a trial by jury or by a trial court if the jury is waived. (Russo v. City of New York, 258 N. Y. 344, 348; Forsyth v. City of Oswego, 191 N. Y. 441, 444; Smith v. Western Pacific Ry. Co., 203 N. Y. 499; McGurty v. Delaware, L. & W. R. R. Co., 172 App. Div. 46; Giannavola v. General Ry. Signal Co., 244 App. Div. 65; 170 A. L. R. 383, 384.) To construe section 50-e of the General Municipal Law as depriving plaintiff of this right would cast grave doubt upon its constitutionality (N. Y. Const., art. I, § 2).

For the foregoing reasons, in addition to those set forth in the dissenting opinion in Matter of Martin v. School Bd. (Long Beach) (supra), I am of the opinion that the complaint, as a matter of pleading, sets forth a cause of action.

The judgment and order appealed from should be reversed and the motion denied, with costs.


text:
    The People of the State of New York, Appellant, v. Virginia Martine Maybrook, Respondent.
    Argued May 18, 1950;
    decided July 11, 1950.

      Nathaniel L. Goldstein, Attorney-General (Abe Wagman, Wendell P. Brown, John J. Calanese and Sidney Tartikoff of counsel), for appellant.

      Menahem Stim and Allen S. Stim 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. Craig Kightlinger, E. Starr Graham, Thure C. Peterson and H. L. Trubenbach, Appellants.
    Argued May 18, 1950;
    decided July 11, 1950.

      Irving Galt, Menahem Stim, David B. Stillman and Joseph D. Stim for appellants.

      Frank S. Hogan, District Attorney (Whitman Knapp and Edwin C. Hoyt, Jr., of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    William Smith, Respondent, v. Baltimore & Ohio Railroad Company, Respondent, and Jay Street Connecting Railroad, Appellant.
    Argued May 25, 1950;
    decided July 11, 1950.

      Alex Gangel for appellant.

      Eugene Z. Du Bose, Robert Schwebel and Donald M. Dunn for Baltimore & Ohio Railroad Company, respondent.

      Joseph S. Byrne for William Smith, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Edgar T. Appleby et al., Appellants. James F. Walsh Paper Company, Respondent.
    Argued May 30, 1950;
    decided July 11, 1950.

      John B. Coman and Francis S. Appleby for appellants.

      John K. Holbrook and William E. Mills, Jr., for respondent.
   Order of Appellate Division reversed, and order of Official Referee affirmed, with costs in this court and in the Appellate Division. The weight of the evidence supports the finding of the Official Referee that $6,000 per annum is the fair and reasonable rental for the premises involved herein (Civ. Prac. Act, § 605). No opinion.

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


text:
    In the Matter of the Will of Ellsworth M. Statler, Deceased. Ellsworth Morgan Statler, Appellant; Alice S. Statler et al., Respondents. In the Matter of the Accounting of Alice S. Statler et al., as Trustees under the Will of Ellsworth M. Statler, Deceased, Respondents. Ellsworth Morgan Statler, Appellant.
    Argued June 1, 1950;
    decided July 11, 1950.

      Welles V. Moot and William P. Cantwell for appellant.

      Franklin R. Brown and Michael J. Montesano, in person, for Michael J. Montesano, respondent.

      John H. Hollands and Christopher Baldy for Alice S. Statler and another, respondents.
   Orders affirmed, with costs to respondents payable out of the estate; no opinion.

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


text:
    Johanna Carbin, Respondent, v. City of New York, Appellant.
    Argued May 22, 1950;
    decided July 11, 1950.

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

      Robert McGowan Smith and Irving Michael Atkin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Morays Manufacturing Company, Inc., Appellant, v. Mitchel Schneider Company, Inc., Respondent.
    Submitted May 26, 1950;
    decided July 11, 1950.

      George S. Fishman for appellant.

      Jacob P. Rosenbaum and Harry L. Schein for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Universal Oil Products Company, Appellant, v. Shell Development Company et al., Respondents, et al., Defendants.
    Argued June 1, 1950;
    decided July 11, 1950.

      Timothy N. Pfeiffer and Rebecca M. Cutler for appellant.

      Bruce Bromley, William F. Collins and Henry W. Trimble, Jr., for Shell Development Company, respondent.

      Ralph M. Carson, William R. Meagher and Theodore Kiendl, Jr., for Standard Oil Development Company, respondent.
   Judgment affirmed, with costs; no opinion.

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


author: Per Curiam.

text:
    Ambursen Engineering Corporation, Appellant and Respondent, v. Fomento Industrial y Mercantil, S. A., et al., Respondents and Appellants.
    Argued May 24, 1950;
    decided July 11, 1950.

      H. Broadman Epstein, Francis X. Conway and Joseph Markle for plaintiff, appellant and respondent.

      Monroe H. Collenburg, Jerome S. Hess, Walter M. Hinkle and Frank Rashap for defendants, respondents and appellants.
   Per Curiam.

A review of the record persuades us that the weight of evidence supports the trial court’s finding that the value of plaintiff’s services vis-à-vis the hydroelectric project — the subject of the fifth cause of action — was the sum of $50,000 rather than the amount of $35,000 found by the Appellate Division. Accordingly, the judgment of the Appellate Division is modified to the extent of reinstating the trial court’s award of $50,000 in the fifth cause of action, thereby increasing the amount of the judgment against both defendants by the sum of $15,000, with interest, and, as so modified, affirmed, with costs.

The judgment of the Appellate Division should be modified in accordance with the opinion herein, and, as so modified, affirmed, with costs.

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

Judgment accordingly.


text:
    In the Matter of the Accounting of Guaranty Trust Company of New York, as Trustee under a Trust Agreement Made by Eduardo H. Gato, Jr., Respondent. Herbert R. Cabrera, as Administrator of the Estate of Eduardo H. Gato, Jr., et al., Respondents; Frank E. H. Gato et al., Infants, by Arthur J. O’Leary, Their Guardian ad Litem, Appellants.
    Argued May 29, 1950;
    decided July 11, 1950.

      Arthur J. O’Leary, guardian ad litem for Frank E. H. Gato and another, appellants.

      Norris Darrell, Hubert J. De Lynn and Charles G. Rodman for respondents.

      Otis T. Bradley for petitioner-respondent.

      Robert Thrun and Martin D. Jacobs for Mabel S. Ingalls, amicus curiæ.

      William F. Bleakley, Joseph Walker, Horace N. Taylor, Arthur P. West and Charles L. Brieant for H. Edward Manville, Jr., amicus curiæ.

   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accountings of National City Bank of New York, as Original Trustee, and City Bank Farmers Trust Company, as Successor Trustee, under a Trust Agreement Made by Eduardo H. G. Marquez, Appellants; Herbert R. Cabrera, as Administrator of the Estate of Eduardo H. Gato, Jr., et al., Respondents; Frank E. H. Gato et al., Infants, by John L. Flynn, Their Guardian ad Litem, Appellants.
    Argued May 29, 1950;
    decided July 11, 1950.

      Charles Angulo and Benjamin Nassau for City Bank Farmers Trust Company, petitioner-appellant.

      John L. Flynn, guardian ad litem for Frank E. H. Gato and another, appellants.

      Norris Darrell, Hubert J. De Lynn and Charles R. Rodman for respondents.
   Order affirmed, with costs to each party appearing separately and filing separate briefs payable out of the trust fund. No opinion.

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


text:
    In the Matter of Charles D. Curtin, Appellant, against John J. Janiga, as Mayor of the City of Lackawanna, et al., Respondents.
    Argued May 30, 1950;
    decided July 11, 1950.

      Charles J. McDonough for appellant.

      Rudolph S. Weinstein, Corporation Counsel, for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Hannah Grace, Appellant, v. Manhattan Eye, Ear and Throat Hospital, Respondent.
    Submitted June 2, 1950;
    decided July 11, 1950.

      Benjamin H. Siff for appellant.

      Alexander Orr, Jr., for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Delaware, Lackawanna & Western Railroad Company, Respondent, v. Marion J. Slocum, as General Chairman of Lackawanna Division No. 30 of the Order of Railroad Telegraphers, Appellant, et al., Defendants.
    Submitted June 2, 1950;
    decided July 11, 1950.
   Motion for reargument denied and motion to amend the remittitur granted. Return of remittitur requested and, when returned, it will be amended to provide that the judgments of the Appellate Division and the Supreme Court, Chemung County, be reversed and the complaint dismissed, with costs to appellant in all courts. [See 299 N. Y. 496.]


text:
    Michael M. Martocci, Appellant, v. The Greater New York Brewery, Inc., Respondent.
    Submitted July 11, 1950;
    decided July 11, 1950.
   Motion for reargument, or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 57.]


text:
    Herbert T. Ohman et al., Appellants, v. Board of Education of the City of New York et al., Respondents.
    Submitted May 29, 1950;
    decided July 11, 1950.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 300 N. Y. 306.]


text:
    In the Matter of Rocco A. Scarfone, Respondent, against Joseph F. Ruggieri, Appellant, and William J. Heffernan et al., Constituting the Board of Elections of the City of New York, Respondents.
    Argued August 18, 1950;
    decided August 18, 1950.

      John F. X. Finn and Sidney Squire for appellant.

      Frank B. Di Giovanna for respondent.

      John P. McGrath, Corporation Counsel (Thomas W. A. Crowe of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed, upon the ground that the findings in respect of the domicile of the appellant Ruggieri are not without support in the evidence. We pass upon no other question. No opinion.

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


text:
    In the Matter of John H. McQuade et al., Appellants, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents. (Two Proceedings.)
    Argued August 18, 1950;
    decided August 18, 1950.

      Max M. Bernstein and Sidney Squire for appellants.

      Charles Kleinberg and Jule L. Maisel, in person, respondents.

      John P. McGrath, Corporation Counsel (Beatrice Dunn of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Louis J. Caligiuri, Respondent, against Jule L. Maisel, Appellant, and William J. Heffernan et al., Constituting the Board of Elections of the City of New York, Respondents. In the Matter of Louis J. Caligiuri, Respondent, against Jessie Maisel, Appellant, and William J. Heffernan et al., Constituting the Board of Elections of the City of New York, Respondents.
    Argued August 18, 1950;
    decided August 18, 1950.

      Jule L. Maisel, in person, and Charles Kleinberg for appellants.

      George Rosling for respondent.

      John P. McGrath, Corporation Counsel (Beatrice Dunn of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed upon the ground that the findings in respect of the domiciles of the appellants are not without support in the evidence. We pass upon no other question. No opinion.

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


text:
    In the Matter of William E. Barber, Appellant, against Vincent Varney et al., Constituting the Board of Elections of Saratoga County, et al., Respondents.
    Argued August 18, 1950;
    decided August 18, 1950.

      Harold E. Blodgett and Patrick J. Keniry for appellant.

      James A. Leary and Walter A. Fullerton for William A. Sherman, Sr., and Marjorie Dyer, respondents.

      John W. Nichols, County Attorney, for Board of Elections of Saratoga County, respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Louis A. Mendelsohn, Respondent, against Bernard G. Walpin, Appellant, and Harry B. Chambers, as Chairman of the Bronx County Committee of the Democratic Party, et al., Respondents.
    Argued August 18, 1950;
    decided August 18, 1950.

      Stanley Goldstein for appellant.

      Arnold L. Fein for Americans for Democratic Action, amicus curiæ, in support of appellant’s position.

      Joseph A. Brust for Louis A. Mendelsohn, respondent.

      John L. Flynn and Alfred J. Callahan for Harry B. Chambers, respondent.

      John P. McGrath, Corporation Counsel (Thomas W. A. Crowe of Counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Bernard G. Walpin, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued August 18, 1950;

    decided August 18, 1950.

      Stanley Goldstein for appellant.

      John L. Flynn, Sidney A. Fine and Joseph A. Brust for respondent.

      John P. McGrath, Corporation Counsel (Thomas W. A. Crowe of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Michael Potter, Individually and as Chairman of the City Fusion Party, Appellant, and Vincent R. Impellitteri, Individually and as a Declared Candidate for Mayor, et al., Interveners, Appellants, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, Respondents, and Chairmen of the Democratic County Committees for the Five Counties Constituting the City of New York, et al., Interveners, Respondents.
    Argued September 22, 1950;
    decided September 22, 1950.

      Walter M. Weis and Edward Potter for petitioner-appellant.

      Louis J. Lefkowitz and Paxton Blair for Chairmen of the Republican County Committees, interveners-appellants.

      George W. Whiteside, Edward R. Neaher and Alan S. Kuller for Vincent R. Impellitteri and another, interveners-petitionersappellants.

      William J. O’Shea, Bernard Hershkopf, Jacob Markowitz, George Rosling, John L. Flynn, Joseph M. Lonergan and Irving Rivkin for Chairmen of the Democratic County Committees, interveners-respondents.

      Benjamin Gassman, Matthew M. Levy and Max Bloom for Liberal Party, intervener-respondent.

      John P. McGrath, Corporation Counsel (W. Bernard Richland and Stanley Buchsbaum of counsel), for Board of Elections of the City of New York, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Armand Marcucilli et al., Respondents, v. John Nichols, Appellant, et al., Defendants.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Samuel La Rosa for motion.

      Melvel W. Snitow opposed.
   Motions denied, with leave to renew upon the argument of the appeal. [See 301 N. Y. 721.]


text:
    Anna Lewis, Appellant, v. Hester Stevenson et al., as Executors of George Stevenson, Deceased, Respondents.
    Submitted May 29, 1950;
    decided October 5, 1950.
   Motion for reargument of appeal and, if granted, to be heard orally thereon granted and case set down for argument during the November, 1950, session. [See 300 N. Y. 732.]


text:
    Robert J. Latourelle, as Administrator of the Estate of Margaret C. Latourelle, Deceased, Appellant, v. New York Central Railroad Company, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 103.]


text:
    The People of the State of New York, Respondent, v. Samuel Lesser, Appellant.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Samuel Lesser, in person, for motion.
    No one opposed.
   Motion for leave to appeal, etc., dismissed for want of jurisdiction.


text:
    Independent Electric Lighting Corp., Respondent, v. Lipsam Corporation, Appellant.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Louis J. Paley and Harold J. Robbins for motion.

      William Klein, Milton R. Weir and Adolph Lund opposed.
   Motion dismissed for want of jurisdiction, with $10 costs and necessary printing disbursements.


text:
    The People of the State of New York ex rel. Reginald Shulenberg, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Reginald Shulenberg, in person, for motion.
    No one opposed.
   Motion for leave to appeal, etc., dismissed for want of jurisdiction.


text:
    The Rector, Church Wardens and Vestrymen of the Church of the Holy Trinity in the City of Brooklyn et al., Respondents, v. John H. Melish et al., Appellants, and James P. De Wolfe, as Bishop of the Diocese of Long Island, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Theodore Kiendl and Jackson A. Dykman for motion.

      Raphael H. Weissman opposed.
   Motions granted and appeal dismissed, with costs and $10 costs of motions, upon the ground that no constitutional question was property raised in the courts below. (See Matter of O’Neill v. Board of Regents, 298 N. Y. 777; Jongebloed v. Erie R. R. Co., 296 N. Y. 912; City of New Rochelle v. Closter, 296 N. Y. 506.)


text:
    In the Matter of the Probate of the Will of John Winters, Deceased. John M. Winters, Appellant; Henry Winters et al., Respondents.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Irving A. Isaacs for motion.

      Herbert A. Trebing and Ralph Stout opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of Susan H. Clark et al., Appellants, against Board of Zoning Appeals of the Town of Hempstead et al., Respondents, and Richard W. Barnes, Intervener, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.
   Motion for reargument, or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 86.]


text:
    In the Matter of the Claim of Jack C. Jackson, Respondent, against Bethlehem Steel Company, Appellant. Workmen’s Compensation Board, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Solon J. Stone, William M. Fay and Edward L. Robinson for motion.

      Nathaniel L. 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 order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Margaret M. Partridge, an Incompetent Person, Respondent. Arthur C. Parker, as Special Guardian ad Litem of Margaret M. Partridge, Appellant; Bank of New York and Fifth Avenue Bank, as Committee of the Property of Margaret M. Partridge, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Emil Morosini, Jr., for motion and in opposition to cross motion.

      Arthur C. Parker for cross motion and in opposition to original motion.

      Lovejoy, Morris, Wasson & Huppuch for that portion of cross motion which seeks an order dispensing with the printing of the record on appeal.
   Motion to dismiss appeal denied. That portion of appellant’s cross motion which seeks an order dispensing with the printing of the record on appeal and permitting the appeal to be heard on available copies of the Appellate Division record, together with the typewritten copies of additional papers and on printed briefs, granted. That portion of appellant’s cross motion which seeks an order dispensing with the undertaking necessary to perfect the appeal denied. That portion of appellant’s cross motion which seeks (a) an extension of time to file the return on appeal, and (b) a preference for the argument of said appeal, denied, upon the ground that such relief should be sought from the office of the clerk of this court.


text:
    George F. Haggerty, Appellant, v. Harold D. Watson et al., Individually and as Copartners under the Name of Watson, Kristeller & Swift, Respondents.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Ralph K. Jacobs and Ralph K. Jacobs, Jr., for motion.

      George F. Haggerty, in person, opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days from the date of this order appellant serves and files the necessary undertaking and pays $10 costs, in which events motion denied.


text:
    Marianne J. Santos, as Administratrix De Bonis Non of the Estate of Ethel V. Flanagan, Deceased, Appellant, v. Unity Hospital, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.
   Motion for reargument and for a stay denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 153.]


text:
    The People of the State of New York ex rel. Mary Jakubowicz, Appellant, against Arthur C. Miller et al., Respondents.
    Submitted October 2, 1950;
    decided October 5, 1950.

      George W. Herz for motion.
    No one opposed.
   Motion to dismiss appeal granted and appeal dismissed upon the ground that no substantial constitutional question is involved.


text:
    Charles C. O’Boyle et al., Appellants, et al., Plaintiffs, v. Edward C. Brenner, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Menahem Stim and Joseph D. Stim for motion.

      Frederick M. Schlater opposed.
   Motion granted and appeal dismissed unless appellants within ten days serve notice upon respondent that they have abandoned their appeal to the Appellate Division and stipulate that such appeal be dismissed, with costs. If appellants choose to abandon their appeal to the Appellate Division and to prosecute their appeal in this court, the motion to dismiss the appeal is denied and the hearing of such appeal shall be deferred until the Appellate Division has determined the appeals now pending in that court and the time to appeal from such determination has expired.


text:
    Alex Auerbach et al., Appellants, v. Commercial Capital Corporation, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      David Haar for motion.

      Samuel Shapiro opposed.
   As to all plaintiffs, except Barrett, motion denied without prejudice to such action by defendant as may be advised pursuant to the procedure provided by rule I of the Rules of the Court of Appeals.


text:
    Roberts Numbering Machine Company, Inc., Respondent, v. Black Heat Electric Corporation, Appellant.
    Submitted October 2, 1950;
    decided October 5, 1950.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 300 N. Y. 718.]


text:
    In the Matter of City Bank Farmers Trust Company, as Agent for Karolyna Company, Ltd., Appellant. Medo Photo Supply Corporation, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      William E. Friedman for motion.

      Stanley Gray Horan opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days from the date of this order appellant serves and files the necessary undertaking and pays $10 costs, in which events motion denied.


text:
    In the Matter of the Claim of Clara Ptaszynski, Appellant, against American Sugar Refining Company, Respondent. Workmen’s Compensation Board, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Abraham Markhoff for motion.

      Quintard Joyner opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the orders do not finally determine the proceeding within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Raymond Martinez Fernandez and Martha Jule Beck, Appellants.
    Submitted October 2, 1950;
    decided October 5, 1950.
   Motion by defendant Fernandez to amend the remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Judgment of conviction affirmed. Upon this appeal there were presented and necessarily passed upon the following questions: (1) whether the admission in evidence of the alleged confession of the defendant constituted a denial of due process and thereby violated the Fourteenth Amendment of the Constitution of the United States; (2) whether the rejection of jurors by the trial court because of their opposition to capital punishment violated the rights of the defendant under the Fourteenth Amendment of the Constitution of the United States, and (3) whether the assignment by the trial court to the defendant of the same counsel retained by the codefendant, Martha Jule Beck, constituted a denial of due process and thereby violated the Fourteenth Amendment of the Constitution of the United States. This court held that the Fourteenth Amendment of the Constitution was not violated by the aforesaid admission of the confession, the rejection of jurors, or the assignment of counsel.

Motion by defendant Beck to amend the remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Judgment of conviction affirmed. Upon this appeal there were presented and necessarily passed upon the following questions: (1) whether the admission in evidence of the alleged confession of the defendant constituted a denial of due process and thereby violated the Fourteenth Amendment of the Constitution of the United States; (2) whether the rejection of jurors by the trial court because of their opposition to capital punishment violated the rights of the defendant under the Fourteenth Amendment of the Constitution of the United States, and (3) whether the assignment by the trial court to the codefendant of the same counsel retained by the defendant, Martha Jule Beck, constituted a denial of due process and thereby violated the Fourteenth Amendment of the Constitution of the United States. This court held that the Fourteenth Amendment of the Constitution was not violated by the aforesaid admission of the confession, the rejection of jurors, or the assignment .of counsel. [See 301 N. Y. 302.]


text:
    Ronald H. Farah, an Infant, by Frances Farah, His Guardian ad Litem, Appellant, v. Henry Farah, Respondent.
    Submitted October 2, 1950;
    decided October 5, 1950.

      Bernard Kaufman for motion.

      John J. Sullivan, Eugene J. Finnegan and Gabriel E. Torre opposed.
   Motion dismissed, without prejudice to a renewal thereof if and when a judgment has been entered upon the order of the Appellate Division.


text:
    Sophie Pearlstein, Appellant, v. New York Life Insurance Company, Respondent.
    Argued October 2, 1950;
    decided October 12, 1950.

      Gilbert Goldstein, David Goldstein and Lawrence Kovalsky for appellant.

      Harry J. McCallion, Ferdinand H. Pease and Robert J. Fitzwilliam 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 Janet Scott, on Behalf of Herself and Others Similarly Situated, Appellant, against Thomas J. Curran, as Secretary of State of the State of New York, Defendant, and Thomas F. Donohue et al., Constituting the Board of Elections of Albany County, Respondents.
    Argued October 10, 1950;
    decided October 12, 1950.

      Morris Zuchman and Scott Gray for appellants.

      Walter L. Collins, County Attorney (Evariste G. Lavigne of counsel), for respondents.

      Robert E. Whalen for Peter J. Dalessandro and others, amici curiae, in support of respondents’ position.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York ex rel. James Pinello, Respondent, against George Leadbitter, as Chief of Police of the City of Poughkeepsie, Respondent. The People of the State of New York, Appellant.
    Argued October 2, 1950;
    decided October 12, 1950.

      W. Vincent Grady, District Attorney, and Joseph Jiudice for appellant.

      Herman A. Levine for 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 Probate of the Will of Alice E. Phillips, Deceased. Elizabeth McB. Weingarth et al., Appellants; Charles B. O’Connell et al., Respondents.
    Argued October 3, 1950;
    decided October 12, 1950.

      David R. Levin and Timothy J. Nighan for Lena Hatcliffe, appellant.

      Edward J. Ryan for Elizabeth McB. Weingarth, appellant.

      Charles B. Bechtold for respondents.
   Upon the appeal of the contestant Lena Hatcliffe: Appeal dismissed, with costs. Upon the appeal of the contestant Elizabeth McBride Weingarth: Order affirmed and order absolute directed upon the stipulation, with costs in all courts. No opinion.

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


text:
    Benjamin E. Hallett, Respondent, v. Stanley Stores Cleaners & Dyers, Inc., Appellant.
    Argued October 2, 1950;
    decided October 12, 1950.

      Reid A. Curtis, Albert R. Eberlein and Julius S. Christensen for appellant.

      J. Stanley Cohen 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 Eric M. Matsner, Appellant. Brita D. Fried, Respondent.
    Argued October 3, 1950;
    decided October 12, 1950.

      Benjamin Busch and Otto C. Sommerich for appellant.

      George A. Spiegelberg and Leon Silverman 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 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.
    Argued May 25, 1950;
    decided October 12, 1950.

      Joseph C. Slaughter and Arthur B. Hyman, in person, for Arthur B. Hyman, appellant.

      Alfred M. Lindau for Sophy P. Regensburg and another, appellants.

      Alexander Ackerson for Catherine E. Piltz, appellant.

      James N. Vaughan for executors and trustees, appellants.

      Ambrose V. McCall, Otto A. Samuels, Eugene L. Garey and Joseph F. O’Neill for respondent.
   Orders of the Appellate Division reversed and decree of Surrogate’s Court affirmed, with costs to each appellant appearing separately and filing’ separate briefs, payable out of the estate, on the ground that the weight of the evidence is in accord with the findings of the Surrogate that the trustees, in terminating the residuary trust, acted in good faith and within the discretionary powers conferred upon them by the will of Carrie Ahrens, deceased. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Dye, Fuld and Froessel, JJ. Desmond, J., dissents on the ground that the weight of the evidence sustains the findings of the Appellate Division. [See 302 N. Y. 631.]


text:
    Katherine Perry, Respondent, et al., Plaintiffs, v. American Bible Society et al., Appellants; Astor Place Real Estate Company, Inc., Defendant, and Sam Perlow, as Administrator of the Estate of Hannah Perlow, Deceased, et al., Respondents.
    Argued October 2, 1950;
    decided October 12, 1950.

      Robert E. Curran for American Bible Society, appellant.

      Reid A. Curtis and Julius S. Christensen for Jacob Warschaw, appellant.

      John F. X. Finn, Samuel Justin Jackman and Norman C. Mendes for Katherine Perry, respondent.

      E. Edan Spencer and Henry Katz for Sam Perlow, respondent.

      H. H. Brown for Rexhold Realty Corporation, 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 Central Hanover Bank and Trust Company, as Executor of and Trustee under the Will of Samuel C. Hildreth, Deceased, Appellant. Mary E. Hildreth, Respondent.
    Argued May 24, 1950;
    decided October 12, 1950.

      Francis S. Bensel, Albert Stickney, Albert B. Maginnes and Arthur W. Siegrist for appellant.

      Leo P. Dorsey and Peter Keber for New York State Bankers Association, amicus curiae, in support of appellant’s position.

      Edward Lazansky, Frederick L. Kane, Gerard C. Durr and Stephen D. Finale for respondent.
   Order affirmed, with costs payable by the appellant personally. Motion to dismiss appeal denied. No opinion.

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


text:
    In the Matter of the Arbitration between P. Beiersdorf & Co., Inc., Respondent, and Duke Laboratories, Inc., Appellant.
    Argued October 2, 1950;
    decided October 12, 1950.

      Jacob Rosenberg for appellant.

      Sol Gerstein, William Siskind and Gilbert Burris for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Quality Fruit Wines Corp., Appellant, v. Fiore Cribari et al., Individually and as Copartners Doing Business under the Name of B. Cribari & Sons, Respondents.
    Submitted February 20, 1950;
    decided October 12, 1950.

      Hall, Cunningham & Haywood for motion.

      Dunlap, Otto & McGovern opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of Angelo Rossi, Respondent, against John F. O’Connell et al., Constituting the New York State Liquor Authority, Appellants.
    Submitted October 2, 1950;
    decided October 12, 1950.

      Melvin Howard Osterman for motion.

      Alvin McKinley Sylvester and Charles W. Chattaway opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Nathan Kruger, Appellant, v. Fern Cab Corp., Respondent.
    Submitted October 2, 1950;
    decided October 12, 1950.

      Samuel B. Weingrad for motion.
    No one 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:
    Edwin S. Morgan, Appellant, v. Indemnity Insurance Company of North America, Respondent.
    Submitted October 9, 1950;
    decided October 12, 1950.
   Motion to have appeal heard upon the record before the Appellate Division and typewritten additional papers granted to the extent of allowing the appeal, if and when perfected, to be heard in this court on five printed copies of the Appellate Division record and five typed copies of the additional papers. Since the moving papers do not comply with section 199 of the Civil Practice Act, the granting of this motion does not obviate the necessity of filing an undertaking on appeal.


text:
    In the Matter of the City of Buffalo et al., Appellants, against John J. Rochford et al., Constituting the Board of Elections of the County of Erie, Respondents.
    Argued October 12, 1950;
    decided October 18, 1950.

      Fred C. Maloney, Corporation Counsel (Elmer S. Stengel and Herbert B. Forbes of counsel), for appellants.

      Elmer R. Weil, County Attorney (Wortley B. Paul of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Village of Williston Park, Appellant, v. Murray Israel et al., Respondents.
    Argued October 3, 1950;
    decided October 19, 1950.

      Louis G. Hart, Jr., for appellant.

      Remsen B. Ostrander and Albert H. Levine for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Hartford Accident and Indemnity Company, Appellant, v. Pauline Casalino, Respondent.
    Argued October 4, 1950;
    decided October 19, 1950.

      Charles R. McNamee, Harry Salvan and Stewart Maurice for appellant.

      Evelyn Baker Richman, George F. Blake and Jesse S. Richman for Excise Bond Underwriters and others, amici curiae, in support of appellant’s position.

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

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 302 N. Y. 560.]


text:
    In the Matter of the Probate of the Will of Julia Swing, Deceased. Nellie Sherman et al., Respondents; John P. Swing et al., Appellants.
    Argued October 4, 1950;
    decided October 19, 1950.

      Maurice J. Giaimo and Frank M. Nicolosi for John P. Swing, appellant.

      John H. Kearney for Sacred Heart of Jesus Roman Catholic Church, appellant.

      George J. Malinsky and Jacob D. Fuchsberg for respondents.
   Order affirmed, with costs to the respondents payable out of the estate. No opinion.

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


text:
    In the Matter of the Estate of Louis E. La Brasche, Deceased. Florence La Brasche, Appellant; Mabel A. Siverson et al., Respondents.
    Argued October 9, 1950;
    decided October 19, 1950.

      Charles H. Levitt and Samuel L. Jackson for appellant.

      George C. Wildermuth, K. Frederick Gross and Edward V. Gross for Mabel A. Siverson, respondent.
   Order affirmed, with costs to the respondent Mabel A. Siverson payable out of the estate. No opinion.

Concur: Conway, Desmond, Fuld and Froessel, JJ. Dissenting: Loughran, Ch. J., Lewis and Dye, JJ. [See 301 N. Y. 790.]


text:
    Louis Nowikas, Appellant, v. Irving Cohen, Respondent.
    Argued October 4, 1950;
    decided October 19, 1950.

      Lawrence H. King for appellant.

      Robert James Frankel and Harry J. Sokolow for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Armand Marcucilli et al., Respondents, v. John Nichols, Appellant, et al., Defendants.
    Argued October 9, 1950;
    decided October 19, 1950.

      Melvel W. Snitow and Sydney Snitow for appellant.

      Samuel La Rosa for respondents.
   Appeal dismissed. Question certified not answered. Motions to bring in additional parties denied. No opinion.

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


text:
    In the Matter of John J. Broderick, Individually and as County Committeeman in the First Assembly District North West in the County of New York, etc., Appellant, against David H. Knott, as Chairman or President of the County Committee of the Democratic Party of New York County, et al., Respondents, et al., Defendants.
    Argued October 4, 1950;
    decided October 19, 1950.

      Emil K. Ellis, Abraham J. Heller, Jonas Ellis, Abraham Beital and Lawrence M. Saiewitz for appellant.

      Jacob Markowitz, A. L. Sainer, Abraham J. Gellinoff and Robert James Frankel for respondents.
   Appeal dismissed upon the ground that the order 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:
    The People of the State of New York, Respondent, v. Etta Greenfield, Appellant.
    Argued October 5, 1950;
    decided October 19, 1950.

      Etta Greenfield, appellant in person.

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

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


text:
    Vito Marcantonio, Appellant, v. New York World-Telegram Corporation, Respondent.
    Argued October 9, 1950;
    decided October 19, 1950.

      Herman Rosenfeld and William L. Standard for appellant.

      Harry H. Van Aken, Macdonald De Witt, C. Coudert Nast and William E. Flannery for respondent.
   Judgment of Appellate Division reversed and order of Special Term affirmed, with costs in this court and in the Appellate Division. (See Katapodis v. Brooklyn Spectator, Inc., 287 N. Y. 17, 20; Mencher v. Chesley, 297 N. Y. 94.) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Froessel, J., dissents and votes to affirm.


text:
    In the Matter of Western Electric Company, Incorporated, Respondent, for an Order Staying Arbitration. Communications Workers of America, Installation Division No. 6, C. I. O., Appellant.
    Argued October 4, 1950;
    decided October 19, 1950.

      Abraham Weiner, Henry Mayer and Irwin Panken for appellant.

      William J. Butler and Peter M. Brown 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 Caramanica, Appellant.
    Submitted October 6, 1950;
    decided October 19, 1950.

      Benjamin R. Leinhardt for appellant.

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

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


text:
    C. Monteith Gilpin et al., Appellants-Respondents, and Nathan W. Shapiro et al., Respondents, v. Mutual Life Insurance Company of New York, Respondent-Appellant, and Manufacturers Trust Company, Respondent. Mutual Life Insurance Company of New York, Landlord, Appellant-Respondent, v. Vincent Fiore et al., Tenants, Respondents-Appellants, and Nathan W. Shapiro et al., Tenants, Respondents.
    Submitted October 2, 1950;
    decided October 19, 1950.
   Motion to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 299 N. Y. 253.]


text:
    Syracuse Savings Bank, Appellant, v. Yorkshire Insurance Company, Ltd., Respondent, et al., Defendants.
    Submitted October 9, 1950;
    decided October 19, 1950.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 403.]


text:
    Lloyd F. Lockley, Appellant, v. George F. Robie et al., Respondents.
    Submitted October 16, 1950;
    decided October 19, 1950.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 371.]


text:
    The People of the State of New York, Respondent, v. William L. Cronholm, Appellant.
    Submitted October 16, 1950;
    decided October 19, 1950.

      William L. Cronholm, in person, for motion.
    No one opposed.
   Motion for leave to appeal, etc., denied upon the ground that no appeal lies from the order of the Appellate Division.


text:
    The People of the State of New York, Respondent, v. Louis Phillips, Appellant.
    Submitted October 10, 1950;
    decided October 20, 1950.

      Louis Phillips, appellant in person.

      Frank A. Gulotta, District Attorney (Philip Huntington and Henry Root Stern, Jr., of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Fuld and Froessel, JJ. Conway, Desmond and Dye, JJ., dissent upon the ground that it does not appear that the defendant was advised of his right to the aid of counsel. (Code Crim. Pro., § 308; People v. McLaughlin, 291 N. Y. 480; Matter of Bojinoff v. People, 299 N. Y. 145.) [See 302 N. Y. 559.]


text:
    Rose Riggi, an Infant, by Felix J. Riggi, Her Guardian ad Litem, Respondent, v. Village of Le Roy, Appellant. Felix J. Riggi, Respondent, v. Village of Le Roy, Appellant.
    Argued October 13, 1950;
    decided October 20, 1950.

      Percy R. Smith for appellant.

      John R. Graney for respondents.
   Judgments affirmed, with costs; no opinion.

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


text:
    Anna Cohen, Appellant, v. Janlee Hotel Corporation, Respondent.
    Argued October 10, 1950;
    decided October 20, 1950.

      Martin Rosen and Milton Schaffer for appellant.

      Joseph Haskell for respondent.
   Judgment of Appellate Division reversed, with costs, on the ground that the question as to plaintiff’s contributory negligence was one of fact and not of law (see Millhiser v. Beau Site Co., 251. N. Y. 290, 293; Ramaley v. Leland, 43 N. Y. 539, 542; Becker v. Warner, 90 Hun 187) and case remitted to the Appellate Division for. determination upon the questions of fact raised in that court. 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. Louis Appelbaum, Respondent. The People of the State of New York, Appellant, v. John A. La Borde, Respondent. The People of the State of New York, Appellant, v. Robert C. La Borde, Respondent.
    Argued October 12, 1950;
    decided October 20, 1950.

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

      George J. Rudnick for Louis Appelbaum, respondent.

      Sol Gelb, Hyman I. Fischbach and Harris B. Steinberg for John A. La Borde and another, respondents.
   Orders affirmed; no opinion.

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


text:
    In the Matter of Helen Donovan, Appellant, against Board of Education of Peekskill Union Free School District, Respondent.
    Argued October 11, 1950;
    decided October 20, 1950.

      Myle J. Holley for appellant.

      Walter L. Glenney for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Walter Stone, Respondent, v. Robert Thomas et al., Appellants.
    Argued October 9, 1950;
    decided October 20, 1950.

      A. H. Harpending for appellants.

      Roger W. Daniels for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Lazarus Joseph, as Comptroller of the City of New York, Respondent, v. Edward Corsi et al., Respondents, and Vincent R. Impellitteri, Appellant.
    Argued October 19, 1950;
    decided October 20, 1950.

      George W. Whiteside, Charles Pickett and Alan S. Kuller for appellant.

      John P. McGrath, Corporation Counsel (W. Bernard Richland, Pauline K. Berger and Barbara Carroll of counsel), for Lazarus Joseph, respondent.

      Charles H. Tuttle, Louis J. Lefkowitz and Paxton Blair for Edward Corsi, respondent.

      William J. O’Shea, Jacob Markowitz, Bernard Hershkopf and Harry C. Kane for Ferdinand Pecora, respondent.

      Benjamin Gassman, Matthew M. Levy and Max Bloom for Liberal Party, amicus curiae, in support of respondents’ position.
   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. Thomas Daghita, Appellant.
    Submitted October 18, 1950;
    decided October 20, 1950.
   Motion for reargument denied. [See 301 N. Y. 223.]


text:
    In the Matter of Jule Fink, Appellant, against Jockey Club, Respondent, and Ashley T. Cole et al., Constituting the Racing Commission of the State of New York, Interveners, Respondents.
    Submitted October 2, 1950;
    decided October 20, 1950.

      Charles H. Tuttle and Bernard Segal for motion for leave to appeal and Charles H. Tuttle in opposition to motions to dismiss appeal.

      Martin A. Schenck, Harold C. McCollom and John W. Burke, Jr., for motion to dismiss appeal and in opposition to motion for leave to appeal.

      Nathaniel L. Goldstein, Attorney-General (John P. Powers and Wendell P. Brown of counsel), for motion to dismiss appeal and in opposition to motion for leave to appeal.
   Motion for leave to appeal denied.

Motions to dismiss appeal denied.


text:
    In the Matter of Jule Fink, Appellant, against Ashley T. Cole et al., Constituting the Racing Commission of the State of New York, et al., Respondents.
    Submitted October 2, 1950;
    decided October 20, 1950.

      Nathaniel L. Goldstein, Attorney-General (John P. Powers and Wendell P. Brown of counsel), for motion.

      Martin A. Schenck, Harold C. McCollom and John W. Burke, Jr., for motion.

      Charles H. Tuttle and Bernard Segal opposed.
   Motions denied.


text:
    Anna Lewis, Appellant, v. Hester Stevenson et al., as Executors of George Stevenson, Deceased, Respondents.
    Submitted November 13, 1950;
    decided November 16, 1950.

      Melvel W. Snitow for motion.

      Henry L. Nowve opposed.
   Motion denied, with $10 costs. [See 300 N. Y. 732; 301 N. Y. 677.]


text:
    The People of the State of New York ex rel. H. Hicks & Son, Inc., Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents. [28-30 West 57th St., Borough of Manhattan.]
    Argued October 17, 1950;
    decided November 22, 1950.

      Israel Hoffman, Herbert K. Lippman and Frank Moroze for appellant.

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

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


text:
    In the Matter of the Claim of Eva Ramos, Claimant, against Taxi Transit Company et al., Respondents. Workmen’s Compensation Board, Appellant.
    Argued October 18, 1950;
    decided November 22, 1950.

      Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen’s Compensation Board, appellant.

      Leon Freedman and Arthur B. Erenstoft for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Alfred Henry Vanderborg, Also Known as Alfred Vanderborg, Appellant.
    Argued October 20, 1950;
    decided November 22, 1950.

      Charles Struckler and Kalman Kaplan for appellant.

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

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


text:
    Rosa P. Simonelli, Appellant, v. City of New York, Respondent.
    Argued October 17, 1950;
    decided November 22, 1950.

      Avel B. Silverman for appellant.

      John P. McGrath, Corporation Counsel (Morris Handel, Imre Schwarz and Herbert M. Levy 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 Claim of Raymond Carlin, Respondent, against Colgate Aircraft Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 18, 1950;
    decided November 22, 1950.

      Charles P. Barre for appellants.

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

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


text:
    Arlie E. Hayes, Respondent, v. City of New York, Appellant.
    Argued October 17, 1950;
    decided November 22, 1950.

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

      Ralph Stout, Herbert G. Kreisberg and Bernard Braun for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Appellant, v. George Hetenyi, Respondent.
    Argued October 20, 1950;
    decided November 22, 1950.

      Clarence J. Henry, District Attorney, for appellant.

      George J. Skivington and George J. Skivington, Jr., 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. August Faucetta, Appellant.
    Argued October 6, 1950;
    decided November 22, 1950.

      Jacob W. Friedman for appellant.

      Frank S. Hogan, District Attorney (Jack M. Cotton and Richard G. Denzer of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of James J. McCadden, Appellant, against Frank C. Moore, as Comptroller of the State of New York, Respondent.
    Argued October 13, 1950;
    decided November 22, 1950.

      Percy R. Smith and Edmund S. Brown for appellant.

      Nathaniel L. Goldstein, Attorney-General (Edward L. Ryan and Wendell P. Brown 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. Harley G. La Marr, Appellant.
    Argued October 17, 1950;
    decided November 22, 1950.

      Gordon Gannon and Alfred R. Pacini for appellant.

      Gordon Steele, District Attorney (John F. Dwyer, George H. Metz and Leonard Finkelstein of counsel), for respondent.
   Judgment of conviction 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. Samuel B. Smith, Bernard Camen, Abraham Newman and Hyman Cowen, Appellants. The People of the State of New York, Respondent, v. Samuel B. Smith, Abraham Newman and Hyman Cowen, Appellants. The People of the State of New York, Respondent, v. Samuel B. Smith, Appellant. The People of the State of New York, Respondent, v. Nathan Rabinowitz, Herman Paul and Jose Gil, Appellants. The People of the State of New York, Respondent, v. Max Salpeter, Herman Paul and Jose Gil, Appellants. The People of the State of New York, Respondent, v. Herman Paul and Nathan Rabinowitz, Appellants, et al., Defendants.
    Argued October 18, 1950;
    decided November 22, 1950.

      Edward H. Levine, Abraham H. Brodsky and Arnold D. Roseman for Samuel B. Smith and others, appellants.

      Harry Gittleson and Samuel Bader for Nathan Rabinowitz and others, appellants.

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

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


text:
    Muriel Stone, Respondent, v. Seymour Stone, Appellant.
    Argued October 19, 1950;
    decided November 22, 1950.

      Paxton Blair and Edward L. Cole for appellant.

      Edward H. Kahn 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 Rutherford Estates, Ltd., Appellant. Dorman Products, Inc., et al., Respondents.
    Argued October 10, 1950;
    decided November 22, 1950.

      Paul R. Shaw and Solomon Weinstein for appellant.

      Jack Gross for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Millicent R. Nuss, Individually and as Administratrix of the Estate of Otto Nuss, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 28748.)
    Argued October 16, 1950;
    decided November 22, 1950.

      Dwight L. Murphy for appellant.

      Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent.
   Judgment of the Appellate Division reversed and that of the Court of Claims affirmed, with costs in this court and in the Appellate Division. (See Van de Walker v. State of New York, 278 N. Y. 454; Foley v. State of New York, 294 N. Y. 275; Barna v. State of New York, 267 App. Div. 261, affd. 293 N. Y. 877.) No opinion.

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


text:
    Bertha Borkowski et al., Appellants, v. City of New York, Respondent.
    Argued October 17, 1950;
    decided November 22, 1950.

      Bernard Meyerson, Rosauro Gomez and Herman E. Hoberman for appellants.

      John P. McGrath, Corporation Counsel (Stanley Buchsbaum and Seymour B. Quel of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Fifth Madison Corporation, Appellant and Respondent. Maurice T. Gilden et al., Respondents; J. B. Doblin, Inc., et al., Respondents and Appellants. In the Matter of Fifth Madison Corporation, Appellant. Arthur Murray, Inc., Respondent.
    Argued October 16, 1950;
    decided November 22, 1950.

      Peter Forrest for petitioner-appellant.

      Louis H. Levin, respondent and appellant in person.

      John E. Donnelly, Dorothy B. Appel, Leon Samuels, Jack C. Wilner, Robert Rosenthal, and Morris I. Price, Harvey C. Price and Virginius V. Zipris for Peter J. McCoy and others, respondents and appellants.

      Mendel Lurie and David A. Teichman for Arthur Murray, Inc., respondent.
   Per Curiam.

In ascertaining the amount of the gross income realized by the landlord on the subject property, it is essential to consider and rely upon — as the Appellate Division did — the rents being received by the landlord as of the date the rent fixation proceeding was begun. We pass upon no other question.

The orders of Appellate Division should be affirmed, with costs. Cross appeals of the several tenants should be dismissed on the ground that they are not parties aggrieved.

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

Orders affirmed, etc.


text:
    Renee F. Mazer, Appellant and Respondent, v. Donald J. Mazer, Respondent and Appellant.
    Argued October 18, 1950;
    decided November 22, 1950.

      John F. Keating and John M. Whelan for appellant and respondent.

      Francis Finkelhor for respondent and appellant.

      Charles J. Kemins, in person, as substitute receiver in sequestration.
   Judgment, insofar as appealed from by plaintiff, modified so as to provide for payment of interest on the unpaid installments of temporary alimony and counsel fees from the due date of each such installment to the date of payment and, as so modified, affirmed, with costs to plaintiff.

On defendant’s appeal from the order of the Appellate Division, entered May 23,1950, reversing the order of Special Term: Order affirmed. First question certified answered in the negative. Second question certified not answered. Third and fourth questions certified answered in the affirmative.

On plaintiff’s appeal from the order of the Appellate Division of June 14,1950, denying her motion to resettle the court’s order entered May 23, 1950: Order reversed. Question certified answered in the negative. No opinion.

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


text:
    Joe Leibowitz, Appellant, v. Elbny Corporation, Respondent.
    Submitted November 13, 1950;
    decided November 22, 1950.

      Paul D. Carrigg and Daniel Miner for motion.

      M. Benjamin Baron for appellant.
   Motion withdrawn.


text:
    The People of the State of New York, Respondent, v. Archie Munks, Appellant.
    Submitted November 13, 1950;
    decided November 22, 1950.

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

      Archie Munks, in person, opposed.
   Motion granted and appeal dismissed.


text:
    Joseph W. Roberts et al., Appellants, v. Murnie Fulmer et al., Respondents.
    Submitted November 13, 1950;
    decided November 22, 1950.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 277.]


text:
    Evelyn de Baillet-Latour, Respondent, v. Alexandre de Baillet-Latour, Appellant.
    Submitted November 13, 1950;
    decided November 22, 1950.
   Motion for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 428.]


text:
    The People of the State of New York, Respondent, v. Bud Buderus, Appellant.
    Submitted November 20, 1950;
    decided November 22, 1950.

      Bud Buderus, in person, for motions.

      George B. De Luca, District Attorney (George Tilzer of counsel), opposed.
   Motions for leave to appeal, etc., dismissed, and appeals dismissed on the ground that no appeal lies to this court from any of the orders referred to in the motions and appeals.


text:
    The People of the State of New York, Respondent, v. Huriel Vitolo, Appellant.
    Submitted November 20, 1950;
    decided November 22, 1950.
   Motion for reargument denied. [See 297 N. Y. 575.]


text:
    Frederick Cook, Appellant, v. State of New York, Respondent. Marilyn Dudley, an Infant, by Ruby Dudley, Her Guardian ad Litem, Appellant, v. State of New York, Respondent.
    (Claim No. 29290.)
    (Claim No. 29291.)
    Argued October 13, 1950;
    decided November 30, 1950.

      John E. Egan and Charles H. Gaffney for appellants.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison, Wendell P. Brown and Ronald E. Coleman of counsel), for respondent.
   Judgments of the Appellate Division reversed and those of the Court of Claims affirmed, with costs in this court and in the Appellate Division, upon the ground that the findings of the Court of Claims are in accord with the weight of the evidence. No opinion.

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


text:
    In the Matter of the Claim of Belle Metzger, Respondent, against Metzger Press et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 18, 1950;
    decided November 30, 1950.

      Frederick Behr and Frederick Behr, Jr., for appellants.

      Abraham Markhoff for Belle Metzger, respondent.

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

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


text:
    Globus Realty Corporation, Appellant, v. Fleetwood Terrace Inc., Respondent.
    Argued November 13, 1950;
    decided November 30, 1950.

      Bernard R. Lauren and Leonard Wolfram for appellant.

      Norman J. Steinberg and Alfred Jaffe 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 Leo Rabouine, Appellant, against Joseph A. McNamara et al., Constituting the Civil Service Commission of the City of New York, et al., Respondents.
    Argued May 24, 1950;
    decided November 30, 1950.

      Robert J. Eliasberg for appellant.

      John P. McGrath, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Gunnar Jansson and Sven Hallberg, Appellants.
    Argued October 5, 1950;
    decided November 30, 1950.

      Samuel Segal for Grunnar Jansson, appellant.

      Arthur G. Carney and Charles V. Scanlon for Sven Hallberg, appellant.

      George B. De Luca, District Attorney (George Tilzer, Herman J. Fliederblum and Francis X. O’Brien of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

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


text:
    In the Matter of Belle Lowenfeld, Judgment Creditor, against Isaac Lowenfeld, Judgment Debtor. Herbert S. Keller, as Receiver, et al., Appellants; Monroe Steinhacker et al., as Executors of Isaac Lowenfeld, Deceased, Respondents.
    Submitted November 13, 1950;
    decided November 30, 1950.

      Milton N. Mound and Richard Wincor for motion.

      Monroe Steinhacker, in person, 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:
    City of New Rochelle, Respondent, v. Alice S. Stevens, as Administratrix of the Estate of Charles G. Banks, Deceased, Appellant.
    Submitted November 27, 1950;
    decided November 30, 1950.

      Morgan H. Seacord for motion.

      Aaron Simmons, Corporation Counsel (Francis S. Claps 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. [See 300 N. Y. 754.]


text:
    In the Matter of the Estate of Louis E. La Brasche, Deceased. Florence La Brasche, Appellant; Mabel A. Siverson et al., Respondents.
    Submitted November 20, 1950;
    decided November 30, 1950.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 301 N. Y. 718.]


text:
    Ann Gans, Respondent, v. Albert Gans, Appellant.
    Submitted November 20, 1950;
    decided November 30, 1950.

      Jason R. Berke for motion.

      Elliott L. Biskind opposed.
   Motion granted. Order of dismissal of appeal vacated on payment of $20 costs. Appeal restored to the calendar and appellant directed to serve the record on appeal by December 4, 1950, and his brief by December 15, 1950, and case set down for argument during the January, 1951, session of this court.


text:
    Vincent D. Beresheim et al., Respondents, v. City of New York et al., Appellants.
    Submitted November 27, 1950;
    decided November 30, 1950.

      Edwin B. Goddin for motion.

      John P. McGrath, Corporation Counsel (Seymour B. Quel and Joseph J. Lucchi of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Peter Joseph Haberkorn, an Attorney, Appellant. Association of the Bar of the City of New York, Respondent.
    Submitted November 27, 1950;
    decided November 30, 1950.

      George G. Hunter, Jr., and Frank H. Gordon for motion.

      Peter Joseph Haberkorn, in person, opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of Elizabeth B. Disbrow et al., Appellants, against Board of Education of the City of New Rochelle et al., Respondents.
    Argued November 16, 1950;
    decided December 1, 1950.

      A. Mark Levien for appellants.

      Aaron Simmons, Corporation Counsel (Francis S. Claps of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    John R. Myrick et al., Respondents, v. Farm Bureau Mutual Automobile Insurance Co., Appellant.
    Argued November 16, 1950;
    decided December 1, 1950.

      Robert M. Diggs for appellant.

      Edward F. Mergler 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 the Estate of Blake O. Wells, Deceased. Betty Durkin, Appellant; Maude Small, Respondent.
    Argued November 15, 1950;
    decided December 1, 1950.

      Jay T. Barnsdall, Jr., for appellant.

      Harry M. Brown for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Anna Lewis, Appellant, v. Hester Stevenson et al., as Executors of George Stevenson, Deceased, Respondents.
    Argued November 17, 1950;
    decided December 1, 1950.

      Henry L. Nowvé and Raymond L. Nowvé for appellant.

      Melvel W. Snitow and Sydney Snitow, in person, 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. Murray Michaelson, Appellant, against Warden of the Civil Prison, Brooklyn, Respondent.
    Argued November 21, 1950;
    decided December 1, 1950.

      David F. Price for appellant.

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

Concur: Lewis, Conway, Dye and Froessel, JJ. Loughran, Ch. J., Desmond and Fuld, JJ., dissent on the ground there is nothing in the record to justify the fixing of bail at $50,000.


text:
    In the Matter of the City of Rochester et al., Appellants, against Public Service Commission of the State of New York et al, Respondents.
    Argued May 25, 1950;
    decided December 1, 1950.

      William H. Emerson, Corporation Counsel (Frederick J. Wilkens and James H. Boomer of counsel), for appellants.

      Sherman C. Ward, Acting Counsel (Joseph J. Doran and Samuel R. Madison of counsel), for Public Service Commission, respondent.

      Howard M. Woods and Gay H. Brown for Rochester Transit Corporation, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Joseph B. Strum, Appellant, v. Board of Education of the City of New York et al., Respondents.
    Argued November 13, 1950;
    decided December 1, 1950.

      Benjamin M. Zelman and Joshua J. Nasaw for appellant.

      John P. McGrath, Corporation Counsel (Seymour B. Quel and Morris Weissberg of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Edward J. Kovacs, Appellant and Respondent, and Hilda R. Kovacs et al., Appellants, v. Countess Mara, Inc., et al., Respondents, and Countess Mara Manufacturing Corporation, Respondent and Appellant.
    Argued November 16, 1950;
    decided December 1, 1950.

      John B. Forrest and William F. Bleakley for appellant and respondent and for Hilda R. Kovacs and another, appellants.

      Watson Washburn, Martin A. Schenck, William P. Jones and John W. Burke, Jr., for Countess Mara, Inc., and another, respondents, and for respondent and appellant.
   On appeal by plaintiffs: Judgment affirmed, without costs. On appeal by Countess Mara Manufacturing Corporation: 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 the Application of Julia A. Forhan, Appellant and Respondent. Richard J. Forhan, as Trustee, et al., Respondents and Appellants, et al., Respondents.
    Argued November 20, 1950;
    decided December 1, 1950.

      John Lane and Lindley J. Murray for petitioner, appellant and respondent.

      Clarence S. Barasch and Alexander Pfeiffer for trustee, respondent and appellant.

      John J. Dillon, as guardian ad litem for Thomas Forhan and others, respondents and appellants.

      Monroe Steinhacker for Ursula F. d’Urbania and others, respondents and appellants.
   Order affirmed, without costs; no opinion.

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


text:
    William J. Kramb, Appellant, v. Harry W. Fincher et al., Respondents.
    Submitted November 13, 1950;
    decided December 1, 1950.

      Ruben A. Dankoff for motion and in opposition to cross motion.

      W. Clyde O’Brien for cross motion and in opposition to motion.
   Plaintiff’s motion for leave to appeal from the one judgment of the Appellate Division, dated July 18, 1950, granted only insofar as it affirms the trial court’s dismissal of the second cause of action.

Plaintiff’s motion for leave to appeal from the judgment of the Appellate Division, dated October 2, 1950, which affirms the judgment of the court below dismissing the first cause of action as to the defendant Roder alone denied.

Cross motion of defendants to dismiss plaintiff’s appeal taken as of right from judgments relating to the first and second causes of action granted, and appeal dismissed.


text:
    In the Matter of Arthur F. Carruthers et al., Respondents, against Board of Superintendents of the Board of Education of the City of New York et al., Appellants.
    Submitted November 21, 1950;
    decided December 1, 1950.

      A. Mark Levien for motion.

      John P. McGrath, Corporation Counsel (Arthur H. Kahn of counsel), opposed.
   Motion denied and case set down for argument during the first week of the January, 1951, session.