text:
    Henrietta Weinberger, as Administratrix of the Estate of Albert Weinberger, Deceased, Appellant, v. Cyril J. C. Quinn et al., as Executors of Earle Bailie, Deceased, et al., Respondents, et al., Defendants.
    Argued January 6, 1943;
    decided March 4, 1943.

      Harold L. Fierman, Milton Kunen and Theodore G. Weinberger for appellant.

      Louis Connick and Benjamin C. Milner for Cyril J. C. Quinn et al., as executors, et al., respondents.

      James L. Boone, Russell C. Gay and Ralph M. McDermid for Electric Bond and Share Company, respondent.

      J. Adam Murphy and Adrian L. Foley for United Gas Corporation, respondent.
   Judgment affirmed, with costs; no opinion.

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


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of Peerless Casualty Company, Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    Argued January 18, 1943;
    decided March 4, 1943.

      William C. Chanler, Corporation Counsel (Paxton Blair and Thomas W. A. Crowe of counsel), for appellant.

      Joseph A. Solovei and Murray Brensilber for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Jack Reger, Appellant.
    Argued January 18, 1943;
    decided March 4, 1943.

      Nathaniel Phillips and B. Hoffman Miller for appellant.

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

Concur: Finch, Lewis, Conway and Desmond, JJ. Dissenting, Lehman, Ch. J., Loughran and Rippey, JJ., on the ground that the evidence is not sufficient to establish guilt beyond a reasonable doubt.


text:
    The People of the State of New York, Respondent, v. Vendome Service, Inc., Appellant.
    Argued January 20, 1943;
    decided March 4, 1943.

      Samuel L. Teitler for appellant.

      William C. Chandler, Corporation Counsel (John D. J. Moore, Jr., and Paxton Blair of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    John B. Petterson et al., Respondents, v. Radspi Realty & Coal Corp., Appellant, et al., Defendant.
    Argued January 12, 1943;
    decided March 4, 1943.

      Irving Ginsberg for appellant.

      Michael H. Grae and Jesse D. Berman for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Lehman, Ch. J., dissents on the ground that the evidence does not sustain a finding that there was a complete failure of consideration.


text:
    In the Matter of Abraham Rosenberg, Appellant. Sam Slatkin, Respondent.
    Argued January 18, 1943;
    decided March 4, 1943.

      Louis D. Frohlich and Herbert P. Jacoby for appellant.

      Harry A. Sindell for respondent.
   Order affirmed with costs; no opinion.

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


text:
    Bertrand H. Snell et al., Respondents, v. City of Long Beach, Appellant.
    Argued January 21, 1943;
    decided March 4, 1943.

      Bernard H. Reich, Corporation Counsel (Irving G. Hubbs of counsel), for appellant.

      Kenneth M. Spence for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    City Bank Farmers Trust Company et al., as Trustees, Respondents, v. Eugene T. Cannon et al., Defendants, and William B. Levet, as Guardian ad Litem for Charles A. Cannon, Jr., et al., Infants, Appellants.
    Submitted January 18, 1943;
    decided March 4, 1943.

      William B. Levet for motion.

      C. Alexander Capron opposed.
   Motion dismissed on the ground that an appeal lies as of right.


text:
    John Harding, Plaintiff, v. F. H. LaGuardia, as Mayor of the City of New York, et al., Defendants.
    Submitted February 23, 1943;
    decided March 4, 1943.

      Charles P. Sullivan, District Attorney (James F. T. Delaney of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    William A. Holdren, Respondent, v. Orval C. Morris et al., Individually and as Co-partners under the Firm Name of Morris & Reimann, Appellants.
    Submitted February 23, 1943;
    decided March 4, 1943.

      Clayton M. Smith for motion.
    No one opposed.
   Motion dismissed with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of National Surety Company. Department of Banking, State of Nebraska, as Receiver and Liquidating Agent of Farmers State Bank, Collaway, Nebraska, Appellant. Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of National Surety Company, Respondent.
    Submitted February 23, 1943;
    decided March 4, 1943.
   Motion for reargument of motion to further amend the remittitur denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 624, 841.)


text:
    In the Matter of Ruby P. Davis, Respondent, against Patrick Walsh, Fire Commissioner of the City of New York, et al., Comprising the Board of Trustees of the City of New York Fire Department Pension Fund, Defendants, and Mary Hergenrother, Intervener, Appellant.
    Submitted February 23, 1943;
    decided March 4, 1943.

      Adelbert W. Bailey for motion to dismiss appeal and in opposition to cross-motion.

      Leonard Lazarus in opposition to motion to dismiss appeal and for cross-motion.
   Motion to dismiss appeal denied.

Motion for certificate that a constitutional question is directly involved on the appeal granted, and it is so ordered.


text:
    Carmela Ammirati et al., as Administratrices of the Estate of John Durso, Deceased, Respondents, v. Suburban Fuel Oil Service, Inc., et al., Appellants, et al., Defendants.
    Submitted February 23, 1943;
    decided March 4, 1943.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 733.)


text:
    In the Matter of the City of New York Relative to Acquiring Title to Real Property Required for the Extension of Ward’s Island Sewage Treatment Works in the Borough of Manhattan. Almerindo Portfolio, as Treasurer of the City of New York, Appellant. Charles H. Jokes et al., as Executors of Mary E. Jones, Deceased, Respondents.
    Submitted February 23, 1943;
    decided March 4, 1943.

      William C. Chanler, Corporation Counsel (Julius Isaacs, Leo Brown and William A. Marks of counsel), for motion.

      Harry B. Chambers and Harry H. Chambers opposed.
   Motion dismissed with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Leopold Mannaberg, Appellant, v. Ely Culbertson et al., Respondents, et al., Defendants.
    Argued February 23, 1943;
    decided March 4, 1943.

      D. F. McGlinchey and Jack Korshin for motion.

      Gustave B. Garfield opposed.
   Motion granted and appeal dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Rose Wygod et al., Appellants, v. Makewell Hats, Inc., et al., Respondents.
    Submitted February 23, 1943;
    decided March 4, 1943.

      Samuel L. Teitler for motion.

      Sidney M. Wittner opposed.
   Motion dismissed with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Village of Buchanan, Respondent, v. Town of Cortlandt et al., Appellants.
    Argued February 23, 1943;
    decided March 4, 1943.

      Charles Blank for motion.

      Robert E. Dempsey opposed.
   Motion granted and appeal dismissed with costs, and ten dollars costs of motion.


text:
    In the Matter of Thomas K. Coyne, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of George L. Morris, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of Otto C. Haas, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of Andrew J. Maloney, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of James P. Dunn, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of Charles O. Norstrand, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of John J. Ward, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of Michael F. Moroney, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents.
    Submitted February 23, 1943;
    decided March 4, 1943.

      Thomas D. Thacher, Corporation Counsel (Paxton Blair and Henry J. Shields of counsel), for motion.

      George Gordon Battle opposed.
   Motion granted and appeals dismissed with costs and ten dollars costs of motion.


text:
    In the Matter of the Estate of Charles H. Campbell, Deceased. Johnsie B. Burnham, as Administratrix de Bonis Non of the Estate of Charles H. Campbell, Deceased, Appellant. Dudley Dupignac et al., Respondents.
    Submitted February 23, 1943;
    decided March 4, 1943.
   Motion to amend the remittitur or in the alternative for reargument denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 509.)


text:
    Frieda Kaehler et al., Plaintiffs, v. North German Lloyd, Appellant, and Atlantic Basin Iron Works, Inc., Defendant, Respondent.
    Submitted February 23, 1943;
    decided March 4, 1943.
   Motion for reargument or to amend the remittitur denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 407.)


text:
    In the Matter of Joseph P. McLaughlin, Appellant, against William Wilson, as Commissioner of the Department of Housing and Buildings of the City of New York, et al., Respondents. In the Matter of John H. Newman, Appellant, against The Same, Respondents. In the Matter of Henry C. Wist, Appellant, against The Same, Respondents. In the Matter of Alexander Newman, Appellant, against The Same, Respondents. In the Matter of Edmund F. Konrady, Appellant, against The Same, Respondents. In the Matter of George J. Northrup, Appellant, against The Same, Respondents. In the Matter of August Nebgen, Appellant, against The Same, Respondents. In the Matter of Charles J. Falk, Appellant, against The Same, Respondents. In the Matter of Anthony A. McNally, Appellant, against The Same, Respondents. In the Matter of John E. Manion, Appellant, against The Same, Respondents. In the Matter of Louis Sweet, Appellant, against The Same, Respondents. In the Matter of Charles Zoufaly, Appellant, against The Same, Respondents. In the Matter of William Bartow, Appellant, against The Same, Respondents. In the Matter of John J. Lundon, Appellant, against The Same, Respondents. In the Matter of Harry P. Wasserman, Appellant, against The Same, Respondents. In the Matter of Harold U. Lockwood, Appellant, against The Same, Respondents.
    Submitted February 23, 1943;
    decided March 4, 1943.

      Thomas D. Thacher, Corporation Counsel (Paxton Blair and Henry J. Shields of counsel), for motion.

      George Gordon Battle opposed.
   Motion granted and appeals dismissed with costs and ten dollars costs of motion.


text:
    Pauline C. Coster, Appellant, v. O. Delancey Coster, Respondent.
    Submitted February 23, 1943;
    decided March 4, 1943.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 438.)


text:
    George Shaw, Appellant, v. Roover Bros., Inc., et al., Respondents.
    Submitted February 23, 1943;
    decided March 4, 1943.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 348.)


text:
    Hanna Gustavson, as Administratrix of the Estate of Margaret Gustavson, Deceased, Respondent and Appellant, v. Southern Boulevard Railroad Company, Respondent, and Selma Lipton, Defendant, Appellant and Respondent. (Action No. 1.) Selma S. Lipton, Appellant, v. Southern Boulevard Railroad Company, Respondent, et al., Defendant. (Action No. 2.)
    Submitted February 23, 1943;
    decided March 4, 1943.

      William G. Walsh for motion.

      Addison B. Saoville, Oliver R. Brant and Alfred T. Davison, opposed.
   Motion dismissed on the ground that an appeal lies as of right.


text:
    In the Matter of the Estate of Amy J. Evans, Deceased. Janet W. Hill, Respondent; Durward R. Evans, as Executor of Amy J. Evans, Deceased, Appellant.
    Submitted February 23, 1943;
    decided March 4, 1943.
   Motion for leave to reargue motion to dismiss appeal denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 840.)


text:
    In the Matter of Andre Rubinstein, Appellant, against Peter J. Haberkorn, Respondent.
    Submitted February 23, 1943;
    decided March 4, 1943.

      Peter J. Haberhorn for motion.

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


text:
    In the Matter of Maurice E. Rogalin, Respondent, against New York City Teachers' Retirement Board, Appellant.
    Argued January 18, 1943;
    decided March 11, 1943.

      William G. Chanler, Corporation Counsel (Nicholas Bucci and Paxton Blair of counsel), for appellant.

      Austin B. Mandel for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Rippey, Conway and Desmond, JJ. Lehman, Ch. J., Finch and Lewis, JJ., dissent on the ground that the filing of charges and suspension from a position in the public service terminates such service conditionally or at least interrupts it and retirement must await restoration to the public service. (Matter of Eberle v. La Guardia, 285 N. Y. 247.)


text:
    Charles Rogoff, Appellant, v. Neal Vanderbilt Sons' Corporation et al., Respondents.
    Argued January 13, 1943;
    decided March 11, 1943.

      Irving Ginsberg for appellant.

      G. Elmer Spedick and Arthur L. Reuter for respondents.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. John Cullen and Eli E. Shonbrun, Appellants.
    Argued January 13, 1943;
    decided March 11, 1943.

      Harry G. Anderson for John Cullen, appellant.

      Arnold Cohen and Jacques Buitenkant for Eli E. Shonbrun, appellant.

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

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


text:
    In the Matter of the Accounting of D. Humes McLaughlin et al., as Executors of Thomas J. McLaughlin, Deceased, Respondents. Equitable Life Assurance Society of the United States et al., Appellants. Martha W. McLaughlin, as Executrix of Charles R. McLaughlin, Deceased, et al., Respondents.
    Submitted March 1, 1943;
    decided March 11, 1943.
   Motion for reargument by Equitable Life Assurance Society denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 738.)


text:
    Harry Rader, Respondent, v. Maurice Simmons, Individually and as Property Clerk of the Police Department of the City of New York, Appellant.
    Submitted March 1, 1943;
    decided March 11, 1943.

      Arthur Morris and Morris Okoshken for motion.

      Thomas D. Thacher, Corporation Counsel (Paxton Blair of counsel), opposed.
   Motion denied with ten dollars costs.


text:
    Grace George, Respondent, v. Owners Trucking Corporation et al., Appellants.
    Submitted March 1, 1943;
    decided March 11, 1943.

      James B. McKenna for motion.

      Clayton M. Smith opposed.
   Motion granted and appeal dismissed with costs, and ten dollars costs of motion.


text:
    In the Matter of Paul J. McKinnon, as President of New York City Subway Police Association, et al., Appellants, against John H. Delaney et al., Constituting the Board of Transportation of the City of New York, et al., Respondents. Brotherhood of Railroad Signalmen of America et al., Interveners, Respondents.
    Submitted March 8, 1943;
    decided March 11, 1943.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by providing that the order is affirmed without costs.


text:
    Harold Halverson, Respondent, v. 562 West 149th St. Corporation et al., Defendants, and Renrose Realty Corporation, Defendant-Appellant.
    Submitted March 8, 1943;
    decided March 11, 1943.
   Motion for reargument and to amend the remittitur granted to the extent that the remittitur will provide that a new trial is granted with costs to abide the event. (See 290 N. Y. 40.)


text:
    The People of the State of New York ex rel. R. Gordon Whitman, Appellant, against Joseph E. Wilson, as Warden of Great Meadow Prison, Respondent.
    Decided April 7, 1943.
   On March 5, 1942, the Court of Appeals denied an application by relator for leave to appeal from such order of affirmance (287 N. Y. 856).

On April 7, 1943, the Court of Appeals, upon its own motion, entered an order in part as follows: “ it appearing * * * that the case is one where appellant is not entitled to a writ of habeas corpus under section 1231 of the Civil Practice Act; and that an appeal from the order entered upon the decision of the Appellate Division taken by the appellant as of right must be dismissed; * * * Ordered, that said appeal be and the same hereby is dismissed.”


text:
    138-19th Street, Jackson Heights, Inc., Appellant, v. Roscoe H. Canaday, Respondent.
    Argued February 24, 1943;
    decided April 8, 1943.

      Samuel Shapiro for appellant.

      Samuel Lippman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Carl Schreiber, Respondent, v. American Employees' Insurance Company, Appellant.
    Submitted February 25,1943;
    decided April 8, 1943.

      Walter L. Glenney for appellant.

      Solomon Raffe for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Sue Dubeshter, Doing Business as Speed Oil Service, Appellant, v. Life-Lube Oil Corp., et al., Respondents, and Leonard Schottlandt, Defendant.
    Submitted February 24, 1943;
    decided April 8, 1943.

      David Kashman for appellant.

      Mitchell Antman and Paul W. Hessel for respondents.
   Order affirmed, with costs, and question certified answered in the negative. No opinion.

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


text:
    In the Matter of the Estate of Joseph D. Eddy, Deceased. Thomas Dickson, Individually and as Surviving Partner of the Firm of Dickson & Eddy, Appellant. Sally D. Eddy and Thomas Dickson, as Executor of Joseph D. Eddy, Deceased, et al., Respondents.
    Argued February 25, 1943;
    decided April 8, 1943.

      William Roberts for appellant.

      Henry Alan Johnston and Edmund M. McCarthy for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Margaret M. Crumpacker, Appellant, against Batavia Times Publishing Co., et al., Respondents.
    Submitted February 23, 1943;
    decided April 8, 1943.

      Abraham J. Halprin and Sidney R. Rossiter for appellant.

      William B. Davis and E. C. Sherwood for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Harry H. Lang, Appellant, v. Mildred H. Hexter et al., as Executors of Percy K. Hexter, Deceased, et al., Respondents.
    Argued February 24, 1943;
    decided April 8, 1943.

      Charles J. Herson for appellant.

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

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


text:
    Margaret M. Dauphinee, as Administratrix of the Estate of John Dauphinee, Deceased, Appellant, v. New York Rapid Transit Corporation, Respondent.
    Argued March 1, 1943;
    decided April 8, 1943.

      Ralph Stout and Stephen Callaghan for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Edward Shoshensky, Hymie Pernick, Sam Keller and Jewish Kosher Provision Co. (a Corporation), Appellants.
    Argued March 2, 1943;
    decided April 8, 1943.

      S. Stanley Kreutser, Martin H. Selman and Samuel D. Smoleff for appellants.

      Thomas Cradock Hughes, Acting District Attorney (William I. Siegel and Henry J. Walsh of counsel), for respondent.
   Judgments affirmed; no opinion.

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


text:
    Harriet Portman, Appellant, v. Israel Burack et al., Respondents.
    Argued February 24, 1943;
    decided April 8, 1943.

      Frank H. Connelly, Jr., for appellant.

      Jerome J. Slote for repondents.
   Order affirmed, with costs; and question certified answered in the affirmative. No opinion.

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


text:
    Michael J. Scales, as Administrator of the Estate of John M. Scales, Deceased, Appellant, v. Village of Nyack et al., Respondents.
    Argued March 1, 1943;
    decided April 8, 1943.

      Ralph Stout and Alfred Ekelman for appellant.

      James I. McGuire and George E. Garvey for Village of Nyack, respondent.

      Edward A. Harmon and William E. Lowther for Lena Koblin, respondent.

      Walter A. McDermott for Elsie Burns, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Morris C. Smith, Appellant. Charles W. Froessel, Individually and as a Justice of the Supreme Court of the State of New York, et al., Respondents.
    Argued February 23,1943;
    decided April 8, 1943.

      Frederick E. Crane, Alexander A. Mayper and David Lazarus for appellant.

      Fred J. Munder, individually and as District Attorney (Harry C. Brenner of counsel), for respondents.
   Order affirmed, with costs; no opinion. (See 290 N. Y. 859.)

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


text:
    Cocoa Trading Corporation, Appellant, v. Bayway Terminal Corporation et al., Respondents.
    Argued February 24, 1943;
    decided April 8, 1943.

      Benjamin Feldstein for appellant.

      David A. Ticktin and Milton Adler for A. Pines & Son, Inc., amicus curiae, in support of appellant.

      Henry Epstein, Ralph Wolf and Caspar B. Ughetta for respondents.

      Ludwig Teller and Robert E. Tinsley for 150 West 30th Street, Inc., amicus curiae, in support of respondents.
   Order affirmed, with costs, and question certified answered in the negative. No opinion. (See 290 N. Y. 865.)

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


text:
    National Bronx Bank of New York, Appellant, v. United States Fidelity and Guaranty Company, Respondent.
    Argued March 1, 1943;
    decided April 8, 1943.

      Meyer Levy for appellant.

      Adrian P. Burke and William J. McArthur for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Western New York & Pennsylvania Railway Company, Appellant, v. City of Buffalo et al., Respondents.
    Argued March 3, 1943;
    decided April 8, 1943.

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

      Andrew P. Ronan, Corporation Counsel (Herbert A. Hickman of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Jacob Rud, Appellant. Association of the Bar of the City of New York, Respondent.
    Argued February 24, 1943;
    decided April 8, 1943.

      John F. X. Finn, I. Maurice Wormser and Israel Hoffman for appellant.

      Einar Chrystie for respondent.
   Order affirmed, no opinion.

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


text:
    Joseph Martell, Respondent, v. Harlou, Inc., Appellant.
    Submitted February 26, 1943;
    decided April 8, 1943.

      William L. Shumate for appellant.

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

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


text:
    Celia Lifshutz, Suing on Behalf of Community Water Service Company for Herself and Other Stockholders Similarly Situated, Appellant, v. John C. Adams et al., Defendants, and Gilbert W. Chapman et al., Defendants-Respondents.
    Argued February 23, 1943;
    decided April 8, 1943.

      Louis Boehm and Bernard D. Fischman for appellant.

      Frank J. Berberich and Frank T. Cotter for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Midwood Trust Company, as Trustee under the Will of Thomas Fee, Deceased. Midwood Trust Company, as Trustee for the Benefit of Thomas F. Hodgman, an Infant, Appellant and Respondent; Beatrice M. Judge, as Special Guardian for Thomas F. Hodgman, an Infant, Respondent and Appellant.
    Argued February 24, 1943;
    decided April 8, 1943.

      Beatrice M. Judge, special guardian for Thomas F. Hodgman, an infant, appellant and respondent.

      John S. Russell for Midwood Trust Company, as Trustee respondent and appellant.
   Order affirmed, without costs; no opinion.

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


text:
    B. Indiviglio & Sons, a Copartnership, Composed of Benjamin Indiviglio et al., Appellants, v. Louis J. Miccio et al., Defendants, and Anderson Brick & Supply Co., Inc., Defendant-Respondent.
    Submitted March 8, 1943;
    decided April 8, 1943.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 772.)


text:
    Howard S. Sanford, as Trustee in Bankruptcy of St. Lawrence Marine Repair Dock Corporation, Respondent, v. John J. Boland, Appellant, Impleaded with Others.
    Submitted March 8, 1943;
    decided April 8, 1943.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 287 N. Y. 431.)


text:
    Harry Eriksson, Appellant, v. Refiners Export Company, Inc., Respondent. (Action No. 1.)
    Argued March 8, 1943;
    decided April 15, 1943.

      Forrest E. Single for appellant.

      James F. Dwyer and Harold H. Meyers for respondent appearing specially.
   Order affirmed, with costs; no opinion.

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


text:
    Harry Eriksson, Appellant, v. Refiners Export Company, Inc., Respondent. (Action No. 2.)
    Argued March 8, 1943;
    decided April 15, 1943.

      Forrest E. Single for appellant.

      James F. Dwyer and Harold H. Meyers for respondent appearing specially.
   Order affirmed, with costs; no opinion.

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


author: Lewis, J.

text:
    Joaquim Antonio, Respondent, v. Long Island Railroad Company, Inc., Appellant.
    Argued March 9, 1943;
    decided April 15, 1943.

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

      Adolph Feldblum, Samuel J. Sussman and Herman E. Hoberman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Conway and Desmond, JJ. Lewis, J., dissents in the following opimon.

Lewis, J.

(dissenting). The respondent has recovered damages for injuries sustained when he was struck by a train on the appellant’s right-of-way at a point of danger removed from any thoroughfare. The record, as I view it, discloses no evidence from which the jury cpuld find that at the time and place of his injuries the respondent was either a licensee or a business invitee of the appellant. On the contrary, the respondent was in a legal sense a stranger to the appellant. Being then and there engaged in his own pursuits, he was a trespasser at common law and by statute (Railroad Law, § 83; Penal Law, § 1990). In those circumstances the appellant owed no duty to the respondent except to refrain from inflicting intentional or wanton injury. (Keller v. Erie R. R. Co., 183 N. Y. 67, 71, 72; Gleason v. Central New England Ry. Co., 261 N. Y. 333, 335-337.) Accordingly, I dissent.


text:
    Lillian E. Rodriguez, Appellant, v. 724 Ninth Avenue Corporation, Respondent.
    Argued March 8, 1943;
    decided April 15, 1943.

      Irwin Isaacs for appellant.

      Mordecai Goldberg and Irving Segal for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Fehlhaber Pile Co., Inc., Respondent, v. B. Turecamo Contracting Co., Inc., Appellant.
    Argued March 9, 1943;
    decided April 15, 1943.

      Chester B. McLaughlin, William C. Goodson and Morris G. Duchin for appellant.

      Irwin H. Rosenberg and Louis Rosenberg for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Otto Churchler, Respondent, v. Fur Merchants Cold Storage Co., Inc., Appellant.
    Argued March 8, 1943;
    decided April 15, 1943.

      John Schulman and Harold Epstein for appellant.

      Irving Greenberg, James D. C. Murray and Herbert J. Roeder for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ulysses G. Pierce, Respondent, v. Cray Line Motor Tours, Inc., et al., Appellants.
    Submitted March 11, 1943;
    decided April 15, 1943.

      Harold B. Slingerland for Kuny Schaffer, appellant.

      David B. Sugarman and Ira H. Michael for Gray Line Motor Tours, Inc., appellant.

      Carleton J. King for respondent.
   Judgment affirmed, with one bill of costs; no opinion.

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


text:
    Michael Byrnes, Respondent, v. Raymond A. Balcom, Appellant.
    Argued March 9, 1943;
    decided April 15, 1943.

      C. E. Fitzgerald and Francis W. McGinley for appellant.

      Walter A. Fullerton for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Root Neal & Co., Respondent, v. Edward J. Creadon et al., Doing Business Under the Name of P. W. Graham Contracting Co., et al., Appellants, and Buffalo Sewer Authority; et al., Respondents.
    Argued March 5, 1943;
    decided April 15, 1943.

      Clayton M. Smith for Mary C. Malone, doing business under the name of P. W. Graham Contracting Co. et ah, appellants.

      Sebastian J. Bellomo for plaintiff, respondent.

      Andrew P. Ronan, Corporation Counsel (Elmer S. Stengel of counsel), for Buffalo Sewer Authority et al., defendants, respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Irving Lonstein, Respondent, v. Onondaga Freight Corp., Appellant.
    Argued March 8, 1943;
    decided April 15, 1943.

      David B. Sugarman and Arthur W. Burrows for appellant.

      Benjamin Lonstein for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Raymond A. Morgan, on Behalf of Himself and Others Similarly Situated, Appellant, against Holton V. Noyes, as Commissioner of Agriculture and Markets of the State of New York, et al., Respondents.
    Argued March 10, 1943;
    decided April 15, 1943.

      Thomas M. Nichols for appellant.

      Robert I. Millonzi and Milo R. Kniffen for Holton V. Noyes, Commissioner of Agriculture and Markets, respondent.

      Frank B. Lent, Hampton H. Halsey and Robert Lamont for Rochester Co-operative Milk Producers’ Bargaining Agency, Inc., et al., intervening respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Frederica Bond, Respondent; Lee Shubebt, Appellant.
    Argued April 5, 1943;
    decided April 15, 1943.

      Roland Ford, Ellis J. Staley and Henry B. Forman for motion.

      Theodore Kiendl, William Klein, Milton B. Weinberger and Adolph Lund opposed.
   Motion denied with ten dollars costs.


text:
    Lillian Miller et al., Appellants, v. Home Owners' Loan Corporation, Respondent, et al., Defendants.
    Submitted April 5,1943;
    decided April 15, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 566.)


text:
    Charles H. Coley, Respondent, v. Frank L. Cohen, Appellant.
    Submitted April 5, 1943;
    decided April 15, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 365.)


text:
    Maxwell B. Fields, Appellant, v. Predionica i Tkanica A. D., Defendant, and Royal Yugoslav Government, Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.

      William M. Chadbourne and Gerald B. O’Neill for motion.

      Meyer Grouf and Samuel R. Wachtell opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.


text:
    Nauful Corporation, Appellant, v. F. G. Adams Company, Inc., Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.

      Milton S. Gould, Isidore A. Seltzer and Alvin J. Bernstein for motion.

      Hyman Herman opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements, on the ground that the Court of Appeals is without power to grant leave.


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney et al., Respondents.
    Submitted April 5, 1943;
    decided April 15, 1943.

      Morris Berler for motion.

      Lawrence Levine opposed.
   Motion dimissed, with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Walter C. Roehl, an Infant, by Helen Roehl, His Guardian ad Litem, et al., Respondents, v. Thomas H. Whelpley et al., Appellants, et al., Defendants.
    Submitted April 5,1943;
    decided April 15, 1943.

      Arnold B. Elkind and Gerald F. Finley for motion..
    No one opposed.
   Motion granted and appeal dismissed, with costs, and ten ■dollars costs of motion unless appellant pays ten dollars costs, in which event the motion is denied.


text:
    The People of the State of New York ex rel. Lemphis Jones, Appellant, against Joseph H. Brophy, as Warden of Auburn Prison, Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.

      Lemphis Jones, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (William S. Elder, Jr., of counsel), opposed.
   Motion dismissed on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of the Estate of Edward W. Hellwig, Deceased. Catharine Osterstock, as Executrix of Edward W. Hellwig, Deceased, Appellant; Florence D. Hellwig, Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.

      John F. O’Ryan and Charles H. George for motion.

      Thomas A. McGrath opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements, on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Ralph C. Tobin et al., Constituting the Board of Trustees of the Seventh Regiment Armory Building in the City of New York, Appellants, against Fiorello H. LaGuardia et al., Constituting the Board of Estimate of the City of New York, Respondents.
    Submitted April 5, 1943;
    decided April 15, 1943.
   Motion to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 119.)


text:
    People ex rel. 270 Park Avenue Corporation et al., Respondents, against James J. Sexton et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants.
    Submitted April 5, 1943;
    decided April 15, 1943.

      Herbert C. Smyth, Jr., for motion.

      Thomas D. Thacher, Corporation Counsel (Arthur H. Goldberg of counsel), opposed.
   Motion denied.


text:
    Anna Katz et al., Appellants, v. Bora Realty Corporation, Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 809.)


text:
    Hartol Products Corporation, Appellant, v. Prudential Insurance Company of America, Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. Return of remittitur requested and when returned it will be amended to provide that judgment is directed for the plaintiff for $50,000 with interest from February 1, 1936, together with costs .to appellant in all courts. (See 290 N. Y. 44.)


text:
    In the Matter of Celia Nires, as General Guardian of Eugene Nires et al., Infants, Appellant. Equitable Life Assurance Society of the United States et al., Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 78.)


text:
    New York Trap Rock Corporation et al., Plaintiffs, and Binghamton Metal Forms, Inc., Plaintiff, Appellant, v. National Bank of Far Rockaway, Respondent.
    Submitted April 5, 1943;
    decided April 15, 1943.

      Daniel Combs for motion.

      Carl E. Peterson for defendant.
   Motion denied, with ten dollars costs and necessary printing disbursements on the ground that an appeal lies as of right.


text:
    Dinny & Robbins, Inc., Appellant, v. Alfred S. Davis, as Treasurer of Retail Shoe Salesmen’s Union, Local 1115-F, Respondent, et al., Defendants.
    Submitted April 5, 1943;
    decided April 15, 1943.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: A question under the Constitution of the United States was presented and necessarily passed upon. The respondents contended that the judgment of the Trial Court, which granted the injunctive relief against the respondents, violated the constitutional rights of the respondents under ■ the Fourteenth Amendment of the Constitution of the United States. This court held that said judgment did not violate the constitutional rights of the respondents under the Fourteenth Amendment of the Constitution of the United States. (See 290 N. Y. 101.)


text:
    In the Matter of John Gerdes et al., as Trustees of Reynolds Investing Company, Inc., Appellants, against Carroll G. Walter, as Justice of the Supreme Court of the State of New York, et al., Respondents.
    Argued February 23, 1943;
    decided April 22, 1943.

      John Gerdes and James D. Carpenter, Jr., in person, and Mary-Chase Clark for appellants.

      David Paine, Lawrence S. Greenbaum, Theodore S. Jaffin and James F. Dwyer for respondents.
   Appeal dismissed, without costs; no opinion.

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


text:
    David Elliott et al., Infants, by Harrison S. Elliott, Their Guardian, et al., Appellants, v. Teachers College, Respondent, and John J. Bennett, Jr., as Attorney General of the State of New York, Defendant-Appellant.
    Argued March 3, 1943;
    decided April 22, 1943.

      Austin W. Scott and Bernard Hellring of the New Jersey Bar, and Emil Weitzner for appellants.

      Nathaniel L. Goldstein, Attorney General (Edward L. Ryan of counsel), as successor to John J. Bennett, Jr., Defendant-Appellant, in his statutory capacity, under section 12 of Personal Property Law and section 113 of Real Property Law.

      Timothy N. Pfeiffer for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Peter Guardino, Appellant.
    Argued March 10, 1943;
    decided April 22, 1943.

      Maurice Edelbaum for appellant.

      Thomas Cradock Hughes, Acting District Attorney (Solomon A. Klein of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis, Conway and Desmond, JJ. Rippey, J., dissents and votes for a new trial on the ground that a conviction under section 2460 of the Penal Law cannot be had upon the testimony of the two females.


text:
    The People of the State of New York, Respondent, v. Anthony Furino, Appellant.
    Argued February 25, 1943;
    decided April 22, 1943.

      Maxim Ingber for appellant.

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

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


text:
    The People of the State of New York ex rel. Stephen Rogalski, Appellant, against Walter B. Martin, as Warden of Clinton Prison, Respondent.
    Argued March 4, 1943;
    decided April 22, 1943.

      Stephen Rogalski, appellant in person.

      Nathaniel L. Goldstein, Attorney General (Orrin G. Judd and Edward L. Ryan of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    Nicholas Bertini et al., Respondents, v. John R. Murray, Doing Business under the Name of John R. Murray & Son, et al., Defendants, and Knickerbocker Ice Co., et al., Defendants-Appellants.
    Argued March 8, 1943;
    decided April 22, 1943.

      Frank A. F. Severance and Theodore J. Miller for Knickerbocker Ice Company and another, appellants.

      Nathan Friedman, Irving J. W. Marx and Leslie Handler for Rubel Corporation, appellant.

      Irving Lemov for plaintiffs and respondents.

      Crawford W. Hawkins for John R. Murray et al., defendants.
   Judgment affirmed, with costs; no opinion.

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


text:
    Nicholas Bertini et al., Appellants, v. John R. Murray, Doing Business under the Name of John R. Murray & Son, et al., Respondents, and Knickerbocker Ice Company et al., Defendants.
    Argued March 8, 1943;
    decided April 22, 1943.

      Irving Lemov for appellants.

      Crawford W. Hawkins for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Robert J. Blum, as Assignee for the Benefit of Creditors of Frey & Horgan Corporation, Despondent, v. Fresh Grown Preserve Corporation, Appellant.
    Submitted April 5, 1943;
    decided April 22, 1943.

      Robert J. Blum, in person, for motion.

      Isador Goetz opposed.
   Motion denied with leave to renew npon proof that no judgment has been entered in the office of the Clerk of the County npon the decision of the Appellate Division .before the notice of appeal was served. If such judgment has been entered, errors in description may be disregarded. (See 290 N. Y. 857.)


text:
    Mary Lincoln Candies, Inc., et al., Respondents, v. Department of Labor of the State of New York, et al., Appellants.
    Submitted April 5, 1943;
    decided April 22, 1943.
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 262.)


text:
    Pierce T. Wetter, Appellant, v. Robert Moses, Individually and as Commissioner of Parks of the City of New York, Respondent.
    Argued April 5, 1943;
    decided April 22, 1943.

      Thomas D. Thacher, Corporation Counsel (Jeremiah M. Evarts of counsel), for motion.

      William B. Roulstone opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.


text:
    In the Matter of New York State Labor Relations Board, Petitioner, against George B. Wheeler, Inc., Respondent. In the Matter of the People of the State of New York ex rel. New York State Labor Relations Board, Respondent, against George B. Wheeler, Inc., et al., Appellants.
    Submitted April 5, 1943;
    decided April 22, 1943.

      Howard C. Campbell for motion.

      William E. Grady, Jr., George G. Gallants and Daniel Kornblum opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the order does not, as to the moving party, finally determine the special proceeding within the meaning of the Constitution.


text:
    In the Matter of Russel Calcagno et al., Appellants, against Town Board of Webster et al., Respondents.
    Submitted April 5, 1943;
    decided April 22, 1943.
   Motion for a certificate that a constitutional question is directly involved granted. [Reported below, 265 App. Div. 687.]


text:
    New York Merchandise Company, Inc., Respondent, v. McGraw-Hill Publishing Company, Inc., Appellant, and Acme News Pictures, Inc., Impleaded Defendant, Respondent.
    Submitted April 12, 1943;
    decided April 22, 1943.

      Milton Kunen and Macdonald DeWitt for motions.

      Chester Bordean and Neal M. Welch opposed.
   Motions granted and appeal dismissed, with costs, and ten dollars costs of motion.


text:
    Mary E. W. Field, as Executrix of Charles H. Wiltsie, Deceased, Appellant, v. Dominick Stalica, Individually and as General Guardian of Joseph Stalica et al., Infants, et al., Defendants; Union Properties, Inc., et al., Defendants-Appellants, and Village of Depew et al., Defendants-Respondents.
    Submitted April 12, 1943;
    decided April 22, 1943.
   Motion for reargument on behalf of County of Erie denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 181.)


text:
    The People of the State of New York ex rel. Ferdinand Baumgart, Appellant, against William Hunt, as Warden of Attica State Prison, Respondent.
    Submitted April 12, 1943;
    decided April 22, 1943.

      Ferdinand Baumgart, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), opposed.
   Motion denied on the ground that the order is not one from which an appeal lies as of right or from which leave to appeal can be granted.


text:
    The People of the State of New York, Respondent, v. Albert F Coyle, Appellant.
    Submitted April 12, 1943;
    decided April 22, 1943.
   Motion for reargument denied. (See 289 N. Y. 709.)


text:
    In the Matter of the Bank of the United States, in Liquidation. Bayou Interests, Inc., Appellant. Garcent Corporation et al., Respondents.
    Submitted April 21, 1943;
    decided April 22, 1943.
   Motion to amend remittitur denied without costs. (See 290 N. Y. 279.)


text:
    Lydia L. Querze, Appellant, v. Raoul Querze, Respondent.
    Submitted April 19, 1943;
    decided May 20, 1943.
   Motion to amend remittitur denied. (See 290 N. Y. 13.)


text:
    William C. Stow, Respondent, v. L. Middleditch Company, Appellant.
    Submitted April 19, 1943;
    decided May 20, 1943.

      Walter H. Bond for motion.

      Maurice B. Gladstone opposed.
   Motion dismissed, with ten dollars costs and necessary printing disbursements on the ground that the court is without power to grant it (Civ. Prac. Act, § 589, subd. 1-b) and that the applicant has failed to comply with rule 21 of the Rules of the Court of Appeals.


text:
    Eagle Nest Corporation, Respondent, v. Charles S. Carroll et al., Individually and Constituting the Town Board of the Town of Indian Lake, et al., Appellants.
    Submitted May 20, 1943;
    decided May 21, 1943.

      George N. Ostrander for appellants.

      J. Theodore Cross for respondents.
   Leave to withdraw appeal granted, without costs.


text:
    Adolf Axelrath, Appellant, v. Spencer Kellogg and Sons, Inc., Respondent.
    Submitted April 5, 1943;
    decided May 27, 1943.

      Sydney J. Schwartz and Howard F. B. Mulligan for appellant.

      Carver W. Wolfe and J. Newton Nash for respondent.
   Judgment affirmed, with costs. Order affirmed, and question certified answered in the affirmative. No opinion.

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


text:
    Florence E. Harrison et al., Respondents, v. Senator-Ridge Corp., Appellant.
    Submitted April 7, 1943;
    decided May 27, 1943.

      Louis Helfenstein and Joseph S. Robinson for appellant.

      A. Michael Katz and Irving Stoopack for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Fred Grano, Appellant.
    Argued April 15, 1943;
    decided May 27, 1943.

      Harry G. Anderson for appellant.

      Fred J. Munder, District Attorney (Harry C. Brenner of counsel), for respondent.
   Judgments reversed and a new trial ordered, on the ground that the admitted error is too serious to be disregarded under section 542 of the Code of Criminal Procedure. No opinion.

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


text:
    Edward A. Greenspon, Appellant, v. E. R. Squibb & Sons, Respondent.
    Argued April 20, 1943;
    decided May 27, 1943.

      Arthur Garfield Hays, Morris Shilensky, James R. Cherry and Harold Epstein for appellant.

      Albert R. Connelly and George S. Collins for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Julius Sunshine, Appellant, against Harry W. Marsh et al., Constituting the Municipal Civil Service Commission of the City of New York et al., Respondents.
    Argued April 21, 1943;
    decided May 27, 1943.

      Abraham Zemlock for appellant.

      Thomas D. Thacher, Corporation Counsel (Charles F. Murphy and Paxton Blair of counsel), for respondents.
   Order affirmed without costs, on the ground that the denial of a mandamus order to challenge the validity of the promotion of employees who are not parties to the proceeding was under all the circumstances disclosed in the record a proper exercise of discretion. We decide no other question. No opinion.

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


text:
    In the Matter of Adam Konopka, Appellant, against Henry E. Bruckman et al., Constituting the New York State Liquor Authority, Respondents.
    Argued April 5, 1943;
    decided May 27, 1943.

      William I. Cohen for appellant.

      Monroe I. Katcher, II, and Francis V. McHugh for respondents.
   Order of Appellate Division reversed and determination of the State Liquor Authority annulled, with costs in this court and in the Appellate Division, on the ground that the findings of the Authority are not supported by any substantial evidence. We express no opinion as to the matter of a renewal of the license of the petitioner. No opinion.

Concur: Lehman, Ch. J., Loughran, Rippey and Lewis, JJ. Dissenting: Conway and Desmond, JJ., dissent upon the ground that the record discloses circumstances which afforded scope for a reasonable exercise of administrative discretion in the manner which led to the determination of the Authority. (Matter of Durr v. Paragon Trading Corp., 270 N. Y. 464, 469; Matter of Stracquadino v. Dept. of Health, 285 N. Y. 93, 96; Matter of Kasha v. Board of Regents, 290 N. Y. 630, decided March, 1943; Matter of Conomon v. State Liquor Authority, 254 App. Div. 650, affd. 276 N. Y. 591; Matter of Stork Restaurant, Inc. v. Boland, 282 N. Y. 256, 275; Matter of Yates, 245 App. Div. 146; People ex rel. Hirschberg v. Board of Supervisors, 251 N. Y. 156, 160, 161; Matter of Fortino, 273 N. Y. 31; Lyman v. Kurtz, 166 N. Y. 274, 279; People v. Hawk, 156 Misc. 870, affd. 268 N. Y. 678; Clement v. Federal Union Surety Co., 122 App. Div. 18; Matter of Clement [Ruehl certificate] 144 App. Div. 156, 157.) Taking no part: Finch, J.


text:
    Herma R. Mitchell, Appellant, v. Carrie L. Mitchell et al., Respondents, et al., Defendants.
    Argued April 6, 1943;
    decided May 27, 1943.

      Stanley Ide LaCov and Leo Fixler for appellant.

      Arthur L. Burchell for Carrie L. Mitchell et al., respondents.

      Merwin F. LeVine and Solon Weit for Prudential Insurance Company of America, respondent.

      Albert Hirst for New York State Association of Life Underwriters, amicus curiae, in support of respondents’ position.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of the Arbitration between Kahn & Feldman, Inc., Respondent, and Louis F. Rothschild et al., Appellants.
    Argued April 7, 1943;
    decided May 27, 1943.

      Barney B. Fensterstock and Harry Zalkin for appellants.

      Jerome L. Greene for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Mariano Fanti, Appellant, v. Travelers Insurance Company, Respondent.
    Argued April 8, 1943;
    decided May 27, 1943.

      Harry P. Albert for appellant.

      John G. Donovan, William J. Moran and Louis P. Galli for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Walter M. Goldsmith et al., Respondents, v. T. & G. Assets Realization Corp., Appellant.
    Argued April 12, 1943;
    decided May 27, 1943.

      Herman A. Benjamin, Chauncey E. Treadwell and William Biel for appellant.

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

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


text:
    The People of the State of New York ex rel. New York Trust Company, Appellant, against Mark Graves et al., Constituting the State Tax Commission, Respondents.
    Argued April 14, 1943;
    decided May 27, 1943.

      Alfred A. Cook, Chester Rohrlich, Leo B. Kagan and Bernard Soman for appellant.

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

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


text:
    In the Matter of the Arbitration between Harry E. Dubin, Appellant, and U. S. Vitamin Corporation, Respondent.
    Argued April 16, 1943;
    decided May 27, 1943.

      Asher Blum for appellant.

      Joseph R. Kelley, Arlen G. Swiger and Edwin J. Harragan for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Benitez De Jesus and William Diaz, Appellants.
    Argued April 22, 1943;
    decided May 27, 1943.

      Abraham J. Gellinoff, George C. Norton, Dennis K. Keller and Rose Rothenberg for Benitez De Jesus, appellant.

      Irving Tell, Alexander I. Rorke, Jose R. Quinones and Abraham J. Gellinoff for William Diaz, appellant.

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

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


text:
    In the Matter of Francis W. Egan, Respondent. Carroll E. Mealey, as Commissioner of Motor Vehicles of the State of New York, Appellant.
    Argued April 6, 1943;
    decided May 27, 1943.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Wendell P. Brown and Edward J. Gretchen of counsel), for appellant.

      Oscar J. Brown for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Eleanor Ruppert, an Infant, by Henry Ruppert, Her Guardian ad Litem, et al., Respondents, v. Board of Education, Union Free Schools, District No. 16, Town of Hempstead, Appellant.
    Argued April 7, 1943;
    decided May 27, 1943.

      H. H. Brown and James E. Turner for appellant.

      Samuel G. Rabinor and Bernard Myerson for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Sidney Kowler, Respondent, v. National Transportation Co., Inc., Appellant, et al., Defendants.
    Argued April 14, 1943;
    decided May 27, 1943.

      James A. Doherty and Philip Hoffer for appellant.

      Arthur N. Seiff, Phillip S. Rivlin and Louis L. Resnich for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Charles Miller, Appellant.
    Submitted April 14,1943;
    decided May 27, 1943.

      Ray F. Fowler for appellant.

      Daniel J. O’Mara, District Attorney (Stephen K. Pollard of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Michele Russo, Appellant, v. Thomas Crimmins Contracting Co., Respondent, et al., Defendants.
    Submitted April 16, 1943;
    decided May 27, 1943.

      Charles Glatzer for appellant.

      John V. Downey, James B. McNally and Samuel Rudykoff for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Clarence Tanner, Appellant, v. Imperial Recreation Parlors, Inc., Respondent.
    Argued April 19, 1943;
    decided May 27, 1943.

      J. Irving Lynch for appellant.

      Edward T. Boyle for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Vassos Saroodis, Appellant, v. Liberty Motor Freight Lines, Inc., et al., Respondents.
    Argued April 5, 1943;
    decided May 27, 1943.

      Nelson R. Pirnie and Charles A. Cusick for appellant.

      Perry E. Leary for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Irving Schwartz, Respondent, against Bernie's Tire & Battery Service, Respondent, and Century Indemnity Company, Appellant. State Industrial Board, Respondent.
    Argued April 5, 1943;
    decided May 27, 1943.

      Irving A. Snyder for appellant.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Orrin G. Judd of counsel), for State Industrial Board, respondent.

      Milton Solomon and Gilbert J. Fortgang for claimant-respondent.
   Order affirmed, with costs; no opinion.

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


text:
    George C. Jenks, as Administrator of the Estate of Amy V. Jenks, Deceased, Respondent, v. Veeder Contracting Company, Inc., et al., Appellants.
    Argued April 7, 1943;
    decided May 27, 1943.

      John J. Connors, Jr., for appellants.

      Oscar J. Brown for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Thomas Prescott, as Administrator of the Estate of Russell Prescott, Deceased, Appellant, v. Anson B. Collins, Doing Business under the Name of “ Collins Brothers,” Respondent. Alphonse Perras, as Administrator of the Estate of Arthur Perras, Deceased, Appellant, v. Anson B. Collins, Doing Business under the Name of “ Collins Brothers,” Respondent. Francis Murray, as Administrator of the Estate of Roger Murray, Deceased, Appellant, v. Anson B. Collins, Doing Business under the Name of “ Collins Brothers,” Respondent.
    Argued April 7, 1943;
    appeals dismissed May 27, 1943.

      James Conboy and J. S. Carter for appellants.

      Charles B. Sullivan, John J. Conners, Jr., and Warner M. Bouck for respondent.
   Appeals dismissed, without costs, upon the ground that the judgment does not finally determine the action within the meaning of the Constitution. No opinion.

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


text:
    Dora Bardach, Respondent, v. Chain Bakers, Inc., et al., Defendants, and Abraham Sherman, Appellant.
    Submitted April 8, 1943;
    decided May 27, 1943.

      M. Emanuel Balt for appellant.

      Julius Lerner for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Manqueen Corporation, Respondent, v. Lucy B. Krause et al., Appellants.
    Argued April 12, 1943;
    decided May 27, 1943.

      Jonas J. Shapiro, Lawrence S. Greenbaum and Karl W. Kirchwey for appellants.

      Samuel Komoroff and Samuel Lawrence Brennglass for respondent.
   Order affirmed, with costs, and question certified answered in the negative. No opinion.

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


text:
    Nathan Brown, Appellant and Respondent, v. Equitable Life Assurance Society of the United States, Respondent and Appellant.
    Argued April 13, 1943;
    decided May 27, 1943.

      Harry M. Begun for plaintiff, appellant and respondent.

      James D. Ewing and William B. McDermott for defendant, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of the Accounting of George M. Northrop, as Executor of Emma C. Sterling, Deceased. Reinhold Anderson et al., Respondents; George M. Northrop, as Executor, et al., Appellants.
    Argued April 14, 1943;
    decided May 27, 1943.

      Augustus W. Bennet for George M. Northrop, as executor, appellant, and in person as Special Guardian for Lois Sterling, appellant.

      Charles I. Sterling and Leo E. Falkin for Edward H. Sterling, Administrator, appellant.

      Charles W. U. Sneed, William J. Lamont and Peter H. Harp for respondents.
   Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Alfred Haynes, Appellant.
    Argued April 15, 1943;
    decided May 27, 1943.

      Julian V. Carabba, Ralph J. Barra and Samuel Goldstein for appellant.

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

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


text:
    In the Matter of Bernice Young, Appellant, against J. Wellington Roe, Respondent.
    Argued April 19, 1943;
    decided May 27, 1943.

      John H. Mariano and Milton W. Deutsch for appellant.

      Michael H. Grae and Jesse D. Berman for respondent.
   Order affirmed; no opinion.

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


text:
    Mary McGahan, Respondent, v. St. Saviors R. C. Church, Appellant.
    Argued April 20, 1943;
    decided May 27, 1943.

      Julius S. Christensen, James J. McLoughlin and Thomas F. Harrigan for appellant.

      Harry E. Kreindler and Dora Aberlin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Henry G. Bacon, Appellant, against George J. Gillespie et al., as Commissioners of the Board of Water Supply of the City of New York, et al., Respondents.
    Argued April 7, 1943;
    decided May 27, 1943.

      Henry Grantham Bacon appellant, in person.

      Thomas D. Thacher, Corporation Counsel (Charles F. Murphy, Paxton Blair and Henry J. Shields of counsel), for respondents.
   Order affirmed without costs; no opinion.

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


text:
    Richard S. Childs, Appellant, v. Robert Moses et al., Respondents.
    Argued April 8, 1943;
    decided May 27, 1943.

      Samuel D. Smoleff for appellant.

      Jeremiah M. Evarts, Assistant Corporation Counsel (William S. Lehwohl of counsel), for respondents.

      Townsend Scudder, Louis C. Wills and Henry J. Davenport for Chamber of Commerce of Borough of Queens and Brooklyn Real Estate Board; Brooklyn Chamber of Commerce and Downtown Brooklyn Association, amici curiae.

   Judgment affirmed, with costs; no opinion. (See 290 N. Y. 925.)

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


text:
    Wallace H. Reeder et al., Respondents, v. Board of Education of the City of New York, Appellant.
    Argued April 9, 1943;
    decided May 27, 1943.

      Thomas D. Thacher, Corporation Counsel (Paxton Blair and Charles F. Murphy of counsel), for appellant.

      Francis J. Nicosia, Hillard Schulberg and Anthony Bocco for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Appellant, v. Isaac Brown, Respondent.
    Argued April 12, 1943;
    decided May 27, 1943.

      Elbert T. Gallagher, District Attorney (John J. Dillon of counsel), for appellant.

      Mortimer C. O’Brien and Morton Sokol for respondent.
   Order affirmed; no opinion.

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


text:
    Mary Kennedy, Appellant, v. Margaret L. Taaffee, Respondent.
    Argued April 14, 1943;
    decided May 27, 1943.

      John F. X. Browne for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Edward Haight, Appellant. The People of the State of New York, Respondent, v. Edward Haight, Appellant.
    (Indictment No. 11473.)
    (Indictment No. 11474.)
    Argued April 15, 1943;
    decided May 27, 1943.

      Charles Blank and Charles J. Wallace for appellant.

      Elbert T. Gallagher, District Attorney (John J. Dillon of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

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


text:
    Roger A. Converse, Respondent, v. William H. Schmidlapp, Appellant.
    Argued April 19, 1943;
    decided May 27, 1943.

      Walter H. Liebman and Herbert Robinson for appellant.

      John F. Dooling, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Anna Welch, Respondent, v. Triple Cities Traction Corporation, Appellant.
    Argued April 20, 1943;
    decided May 27, 1943.

      Harold S. Taylor and Edward F. Ronan for appellant.

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

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


text:
    In the Matter of the Claim of Armand E. Camgros and Barnet M. Sacks. Firm Amusement Corporation et al., Appellants. Frieda S. Miller, as Industrial Commissioner, et al., Respondents.
    Argued April 6, 1943;
    decided May 27, 1943.

      Theodore Kiendl, William Klein, Milton R. Weinberger, Adolph Lund and Leopold Friedman for Firm Amusement Corporation, appellant.

      Thomas Kiernan, Irving L. Rollins and Joseph Goldberg for Joseph P. Day, Inc., appellant.

      Charles J. Campbell and Henrietta Isaacson for New York Hotel Statler Company, Inc., and another, appellants.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, W. Gerard Ryan and Francis R. Curran of counsel), for Frieda S. Miller, as Industrial Commissioner, respondent.
   Upon the appeals by Joseph P. Day, Inc., New York Hotel Statler Company, Inc., and Hotels Statler Company, Inc.: Order affirmed, with costs; no opinion.

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

Upon the appeal by Firm Amusement Corporation: Order of Appellate Division and decision of Unemployment Board reversed, and claim dismissed, with costs in all courts, upon the ground that there is no evidence to support the finding that the musicians were employees of the operator of the theatre.

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


text:
    In the Matter of Claude Waters, et al., Respondents, against Ellsworth B. Buck, et al., Constituting the Board of Education of the City of New York, et al., Appellants.
    Argued April 7, 1943;
    decided May 27, 1943.

      Thomas D. Thacher, Corporation Counsel (Nicholas Bucci and Paxton Blair of counsel), for appellants.

      Jacob E. Heller for John J. Kassner, amicus curiae, in support of appellants’ position.

      Albert De Roode for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Estate of Mary R. Chisholm, Deceased. Estate of Lewis S. Smith et al., Appellants; State Tax Commission, Respondent.
    Argued April 8, 1943;
    decided May 27, 1943.

      Francis Dean for appellants.

      Mortimer M. Kassell and Paul Newman for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Lila Longson, Suing on Behalf of Herself and Other Stockholders Similarly Situated, Appellant, v. Beaux-Arts Apartments, Inc., Respondent.
    Argued April 13, 1943;
    decided May 27, 1943.

      Mortimer H. Michaels for appellant.

      Milton M. Bergerman and Joseph Cohen for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    William Sdoia, Respondent, v. Thomas C. Cawley, Appellant.
    Argued April 13, 1943;
    decided May 27, 1943.

      Salvador J. Capecelatro for appellant.

      R. R. Colli for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Michael Duner et al., Appellants, v. Hudson & Manhattan Railroad Company, Respondent.
    Argued April 19, 1943,
    decided May 27, 1943.

      Henry Cohen and Emile Z. Berman for appellants.

      Travers E. Devlin, Raymond J. Grote and John E. Buck for respondent.
   Judgments affirmed, without costs; no opinion.

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


text:
    Walter C. Roehl, an Infant, by Helen Roehl, his Guardian ad Litem, et al., Respondents, v. Thomas H. Whelpley et al., Appellants, et al., Defendants.
    Argued April 20, 1943;
    decided May 27, 1943.

      James J. McLoughlin, Robert F. White and Thomas F. Harrigan for appellants.

      Abraham Rotwein, Arnold B. Elkind and Gerald F. Finley for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Max Loewinthan, Appellant, v. Beth David Hospital et al., Defendants, and Charles Loventhal et al., Defendants-Respondents.
    Submitted May 17, 1943;
    decided May 27, 1943.
   ■ Motion for reargument on behalf of defendant-respondent Loventhal denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 188.)


text:
    Josephine Macaluso, an Infant, by Lena Macaluso, Her Guardian ad Litem, et al., Appellants, v. Fresh Air Recreation Co., Inc., Respondent.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Frank J. Wheelan for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion, unless the appeal is perfected, and appellants pay ten dollars costs, within ten days, in which event the motion is denied.


text:
    Lazlo V. Keviczky, Respondent, v. Isadore Lorber et al., Appellants, et al., Defendants.
    Submitted Hay 17, 1943;
    decided May 27, 1943.
   Motions for reargument denied, with ten dollars costs and, necessary printing disbursements. (See 290 N. Y. 297.)


text:
    Janet R. Jennings, an Infant, by Ormond N. Jennings, Her Guardian ad Litem, Appellant, v. Ethel A. Doyle, Respondent. Buel A. Paradis, Appellant, v. Ethel A. Doyle, Respondent. Ethel A. Doyle, Respondent, v. Buel A. Paradis, Appellant.
    Argued May 17, 1943;
    decided May 27, 1943.

      Kenneth, J. Dugan for motion.

      Edgar S. Knox opposed.
   Motion to dismiss appeal in actions 1 and 3 granted, and appeal dismissed, with costs and ten dollars costs of motion. Motion to dismiss appeal in action 2 denied.


text:
    George Priday, Appellant, v. Rockaway Operating Co., Inc., et al., Respondents.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Henry D. Sforza for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appeal is perfected and appellant pays ten dollars costs within ten .days, in which event the motion is denied.


text:
    Robert J. Blum, as Assignee for the Benefit of Creditors of Frey & Horgan Corporation, Respondent, v. Fresh Grown Preserve Corporation, Appellant.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Robert J. Blum, in person, for motion.

      Isador Goetz opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion, upon the ground that no appeal can be taken until judgment has been entered upon the decision of the Appellate Division. (See 290 N. Y. 759.)


text:
    Renee Brown, Appellant, v. J. P. Logan Realty Company, Inc., Respondent.
    Submitted May 17, 1943;
    decided May 27, 1943.

      John G. Coleman for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless the appeal is perfected and appellant pays ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of Morris C. Smith, Appellant. Charles W. Froessel, Individually and as a Justice of the Supreme Court of the State of New York, et al., Respondents.
    Submitted May 17, 1943;
    decided May 27, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 693.)


text:
    Davis Yarn Co., Inc., et al., Appellants and Respondents, v. Brooklyn Yarn Dye Co., Inc., Respondent, and Commercial Union Assurance Company, Ltd., Respondent and Appellant, Impleaded with Sentinel Fire Insurance Company et al., Defendants-Respondents.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Bert Cotton for motion.

      John L. Fletcher opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.


text:
    Albert S. Oshrin, Appellant, v. Celanese Corporation of America, Respondent, et al., Defendants.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Robert Nias West, Samuel Gottlieb and I. Gainsburg for motion.

      Louis Susman opposed.
   Motion denied, with ten dollars costs. Error in description of the instrument, which embodies the decision appealed from, mav be disregarded.


text:
    Marie E. Smith, Respondent, v. Bernard Tobias, Appellant.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Archibald, Palmer for motion.

      Henry A. Friedman opposed.
   ' Motion denied, with ten dollars costs, on the ground that the order of the Appellate Division, from which the appeal is taken, does not finally determine the action or special proceeding within the meaning of the Constitution. (See 290 N. Y. 874.)


text:
    In the Matter of James H. Ricker, Appellant, against The Village of Hempstead et al., Respondents.
    Submitted May 17, 1943;
    decided May 27, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 1.)


text:
    In the Matter of Marie Ramundo, Respondent, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Appellants.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Max A. Gulack for motion.

      Robert H. Schaffer, Acting Corporation Counsel (Paxton Blair of counsel), opposed.
   Motion dismissed, with costs and ten dollars costs of motion, on the ground that an appeal would lie as of right if taken within the statutory time.


text:
    The People of the State of New York, Respondent, v. Charles McLaughlin, Appellant.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Charles P. Sullivan, District Attorney (James F. T. Delaney of counsel), for motion to dismiss appeal.

      Joseph Lonardo in opposition to motion to dismiss appeal and in support of application for enlargement of time.
   Motion to dismiss appeal denied and application for enlargement of time granted and time enlarged to the autumn, 1943, session of this court and appeal to be heard upon six printed, copies of the record used in the Appellate Division and upon a printed brief in this court..


text:
    Arthur H. Stoike, Respondent, v. First National Bank of the City of New York, Appellant.
    Submitted May 17, 1943;
    decided May 27, 1943.
   Motion to amend the remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: This cause was brought under the provisions of a Federal statute, viz., the Fair Labor Standards Act of June 25, 1938 (52 U. S. Stat. 1060, ch. 676; U. S. Code, tit. 29, § 201 et seq.), and an interpretation of that statute was necessarily involved in the decision by this court. (See 290 N. Y. 195.)


text:
    Martin H. Newman, as Administrator with the Will Annexed of William Newman, Deceased, Appellant, v. Benjamin A. Roth et al., Individually and as Executors of and Trustees under the Will of Henry Roth, Deceased, et al., Respondents, et al., Defendants.
    Submitted May 17, 1943;
    decided May 27, 1943.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 559.)


author: Per Curiam.

text:
    Cocoa Trading Corporation, Appellant, v. Bayway Terminal Corporation et al., Respondents.
    Submitted May 17, 1943;
    decided May 27, 1943.
   Per Curiam.

The primary question presented upon the appeal from the order denying the plaintiff’s motion to strike out as sham ” the first affirmative defense contained in the answer was whether it conclusively appeared that the allegations of the defendant that the plaintiff had duly assigned and transferred ” its cause of action and is no longer the real party in interest ” are false and cannot possibly be sustained by any proof which may be produced. We considered and determined no other question. Until the facts are more fully disclosed the question cannot be determined whether the plaintiff is as matter of law the trustee of an express trust or for any other reason the real party in interest ” within the meaning of the statute. (See 290 N. Y. 697.)

Motion denied.


text:
    First National Bank & Trust Company of Mamaroneck et al., Respondents, v. Mamaroneck Hotel Corporation et al., Defendants; Reuben P. Brewer et al., as Executors of Burton C. Meighan, Sr., Deceased, et al., Defendants-Respondents, and Aimee Underhill, as Executrix of Walter Underhill, Deceased, Defendant-Appellant.
    Argued May 17, 1943;
    decided May 27, 1943.

      Monroe J. Cahn for motion.

      Hurlbert McAndrew opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the ground that it does not appear that any constitutional question is directly involved.


text:
    Gladys Okyle, Individually and as Administratrix of the Estate of Julius Okyle, Deceased, as Stockholder and Creditor of Highbridge Family Laundry Service, Inc., on Her Own Behalf and on Behalf of Stockholders or Creditors Similarly Situated, Plaintiff, v. Highbridge Family Laundry Service, Inc., et al., Defendants. Mark L. Giller, as Substituted Receiver of Highbridge Family Laundry Service, Inc., Appellant; Louis L. Schwartz et al., Respondents.
    Submitted May 17, 1943;
    decided May 27, 1943.

      Hyman B. Jackson for motion.

      Louis L. Schwartz opposed.
   Motion dismissed on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of B. H. Inness Brown et al., Individually and as Copartners under the Name of Kellogg, Emery and Inness-Brown, et al., Respondents. John Gerdes et al., as Trustees of Reynolds Investing Company, Inc., Appellants.

    Submitted May 17,1943;
    decided May 27, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 468.)


text:
    Gus Angelos et al., Copartners under the Name of The World Cafeteria, Respondents, v. William Mesevich, Individually and as President of the Cafeteria Employees Union, Local 302, et al., Appellants. Elias Tsakires et al., Copartners under the Name of The Cosmo Cafeteria, Respondents, v. William Mesevich, Individually and as President of Cafeteria Employees Union, Local 302, et al., Appellants.
    Submitted May 25, 1943;
    decided May 27, 1943.
   Motions for a stay denied. Motions to amend the remittiturs granted. Return of remittiturs requested and when returned they will be amended by adding thereto the following: Upon this appeal there was presented and necessarily passed upon a question under the Constitution of the United States, viz: The defendants argued that the injunction granted herein violated the rights of freedom of speech and assembly guaranteed by the First and Fourteenth Amendments of the Constitution of the United States. This court held the injunction aforesaid did not violate the rights of freedom of speech and assembly guaranteed by the First and Fourteenth Amendments of the Constitution of the United States. (See 289 N. Y. 498, 507.)


text:
    Louis Rous et al., Appellants, v. Edna R. Carlisle et al., as Executors of Floyd L. Carlisle, Deceased, et al., Respondents, and Louis M. Greer, et al., Defendants.
    Argued April 8, 1943;
    decided June 10, 1943.

      Harry Bijur for appellants.

      Horace R. Lamb and Homer Crawford for Edna R. Carlisle et al., as executors of Floyd L. Carlisle, deceased, and another, respondents.

      Ralph M. Carson and Francis W. Phillips for Greorge Whitney, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis and Desmond, JJ. Conway, J., dissents upon the ground that a cause of action is stated in paragraphs 71 to 81 inclusive of the amended complaint. Taking no part: Finch, J.


text:
    In the Matter of Richard A. Knight, an Attorney, Appellant. The Bar Association of the City of New York, Respondent.
    Argued May 17, 1943;
    decided June 10, 1943.

      John T. Cahill for motion.

      Richard A. Knight, in person, opposed.
   Motion granted and appeal dismissed on the ground that no substantial constitutional question is involved.


text:
    George H. Fields, Respondent, v. Western Millers Mutual Fire Insurance Company, Appellant. Western Millers Mutual Fire Insurance Company, Appellant, v. George H. Fields, et al., Respondents.
    Submitted May 24, 1943;
    decided June 10, 1943.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended to provide that the judgments are affirmed with one bill of costs. (See 290 N. Y. 209.)


text:
    Agatha (Named Herein as Mrs. Reginald) Reichman, Appellant, v. Compagnie Generale Transatlantique, Respondent.
    Submitted May 24, 1943;
    decided June 10, 1943.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 290 N. Y. 344.)


text:
    Kathryne Shannon, Appellant, v. Margaret V. Bergener, Respondent.
    Submitted May 24, 1943;
    decided June 10, 1943.

      John A. Wallace for motion to dismiss appeal and in opposition to motion for leave to prosecute appeal as a poor person.

      Arthur H. Ellis for motion for leave to prosecute appeal as a poor person and in opposition to motion to dismiss appeal.
   Motion to dismiss appeal denied. Motion to prosecute appeal as a poor person granted.


text:
    Abraham Sacks, Respondent, v. Louis E. Phillips, Appellant, et al., Defendants.
    Submitted May 24, 1943;
    decided June 10, 1943.

      Arthur S. Gales send Joseph S. Robinson for motion.

      James P. Evers and James J. McLaughlin opposed.
   Motion denied.


text:
    Marie E. Smith, Respondent, v. Bernard Tobias, Appellant.
    Submitted June 7, 1943;
    decided June 11, 1943.

      Henry A. Friedman for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the ground that the order does not finally determine the action within the meaning of the Constitution. (See 290 N. Y. 862.)


text:
    Gnilbe Corporation, Respondent, v. Wm. T. Keogh Amusement Company et al., Appellants.
    Argued May 19, 1943;
    decided June 18, 1943.

      John Kadel, Sol A. Herzog and William B. Butler for appellants.

      David Vorhaus and Sidney Greenman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Matter of Village of Westfield, Appellant, v. Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, Respondents.
    Argued May 24, 1943;
    decided June 18, 1943.

      Albert R. Connelly and George S. Collins for appellant.

      Gay H. Brown and George H. Kenny for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Thomas Steel, and on Behalf of All Others Similarly Situated, Appellant, against Flushing Hospital and Dispensary et al., Respondents.
    Argued June 8, 1943;
    decided June 18, 1943.

      George Kent Weldon for appellant.

      John Holley Clark, Jr., and E. Crosby Kindleberger for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Reginald Thomas, Appellant.
    Submitted March 10, 1943;
    decided June 18, 1943.

      Sidney Schreiberg and Samuel A. Neuburger for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. John O'Neil, Appellant.
    Submitted April 14, 1943;
    decided June 18, 1943.

      Ray F. Fowler for appellant.

      Daniel J. O’Mara, District Attorney (Clarence J. Henry of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Lewis and Desmond, JJ. Dissenting: Reppey and Conway, JJ., on the ground the evidence as a matter of law is insufficient to prove guilt beyond a reasonable doubt.


text:
    Dorothy F. L. Jones, Respondent, v. Union Central Life Insurance Company, Appellant.
    Argued May 18, 1943;
    decided June 18, 1943.

      James F. Hubbell for appellant.

      Moses G. Hubbard, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Title Guarantee and Trust Company, as Executor and Trustee under the Will of Auguste Schnitzler, Deceased; Thomas B. Dyett, Special Guardian for Joachim Heinrich Schmidt, an Infant, Appellant. Title Guarantee and Trust Company, Executor and Trustee, et al., Respondents.
    Argued May 19, 1943;
    decided June 18, 1943.

      James N. Vaughan for, and Thomas B. Dyett in person as, Special Guardian, appellant.

      Louis J. Merrell and Louis J. Moss for Title Guarantee and Trust Company, Executor and Trustee, respondent.
   Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate, on the authority of Matter of West (289 N. Y. 423). No opinion.

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


text:
    Sol Galanter, Plaintiff, v. Henry Pearson, Defendant. Abraham P. Strauss, Attorney to be substituted, Appellant. Milton S. Marks, Substituted Attorney, Respondent.
    Submitted May 20, 1943;
    decided June 18, 1943.

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

      Milton S. Marks respondent in person.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    Charles H. Ross, Respondent, v. Marion Ross, Appellant.
    Argued May 21, 1943;
    decided June 18, 1943.

      Harold J. O’Keeffe for appellant.

      James M. Noonan for respondent.
   Order affirmed, without costs. Question certified answered in the negative. No opinion.

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


text:
    In the Matter of the Claim of Isaac A. McGowan (Now Deceased), Respondent, against New York Central Railroad Company, Employer and Self-Insurer, Appellant. State Industrial Board, Respondent.
    Argued April 5, 1943;
    decided June 18, 1943.

      Robert E. Whalen and Charles E. Nichols for appellant.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Orrin G. Judd of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Conway and Desmond, JJ. Lewis, J., dissents and votes to reverse and dismiss the claim.


text:
    Public Operating Corporation, Respondent, v. Brooklyn Trust Company, Appellant.
    Argued May 17, 1943;
    decided June 18, 1943.

      John J. Bennett, Howard F. R. Mulligan, George O. Lehmann and Walter F. O’Malley for appellant.
    I. Maurice Wormser and Samuel Rubin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Ruby P. Davis, Respondent, against Patrick Walsh, Fire Commissioner of the City of New York, et al., Comprising the Board of Trustees of the City of New York Fire Department Pension Fund, et al., Respondents, and Mary Hergenrother, Intervener, Appellant.
    Argued May 19, 1943;
    decided June 18, 1943.

      H. H. Nordlinger, Leonard Lazarus and J. M. Dinnes for appellant.

      Adelbert W. Bailey and Louis E. Cooper for Ruby P. Davis, respondent.

      Robert H. Schaffer, Acting Corporation Counsel (Charles F. Murphy and William S. Lebwohl of counsel), for Patrick Walsh, et al., respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of George Goeb, Sr., Deceased. Mary G. Prisa et al., Appellants; George Goeb, Jr., Respondent.
    Submitted May 20, 1943;
    decided June 18, 1943.

      Edward Devlin for Mary G. Prina, appellant.

      Murray Kurman and Benjamin Schaffer for respondent.
   Order affirmed, with costs to the respondent payable out of the estate; no opinion.

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


text:
    Anna Dowd, Appellant, v. City of Buffalo, Respondent.
    Argued May 21, 1943;
    decided June 18, 1943.

      George M. Raikin for appellant.

      Andrew P. Ronan, Corporation Counsel (Forbes F. Dougherty of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Charles Kobryn, Appellant.
    Argued April 21, 1943;
    decided June 18, 1943.

      Milo I. Tomanovich for appellant.

      Daniel J. O’Mara, District Attorney (Stephen K. Pollard of counsel), for respondent.
   Judgments modified by reversing so much thereof as convict defendant on the second count of the indictment, and said second count dismissed; otherwise judgments affirmed. The record fails to disclose evidence sufficient in law to justify a finding of defendant’s guilt of a violation of section 408 of the Penal Law. No opinion.

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


text:
    The People of the State of New York ex rel. Ashwood Realty Corporation, Respondent, against James J. Sexton et al., as Commissioners of Taxes and Assessments of the City of New York, Defendants, and Alliance Realty Company, Intervener Appellant.
    Argued May 17, 1943;
    decided June 18, 1943.

      Israel Tilden and Richard G. Babbage for appellant.

      Israel Hoffman for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. William W. Owens, Respondent, against George N. Schmiedel, Assessor of the Town of Eastchester, et al., Appellants. The People of the State of New York ex rel. William W. Owens, Respondent, against Jerry C. Leary, both as Assessor and as Village Clerk of the Village of Bronxville, et al., Appellants.
    Submitted May 18, 1943;
    decided June 18, 1943.

      Lester D. Stickles for appellants.

      William W. Owens for respondent.
   Orders affirmed, without costs; no opinion.

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


text:
    In the Matter of Frederica Bond (now Frederica B. Bindley), Respondent. Lee Shubert, Appellant.
    Argued May 19, 1943;
    decided June 18, 1943.

      Theodore Kiendl, William Klein, Milton B. Weinberger and Adolph Lund for appellant.

      Roland Ford and Herman B. Forman for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Saltser & Weinsier, Inc., Appellant, v. Monroe Plumbing & Heating Supply Corp. et al., Respondents, and Joseph Katz, Defendant.
    Argued May 20, 1943;
    decided June 18, 1943.

      Joseph Katz and David L. Raider for appellant.

      Morris Eisenstein and Fred G. Morritt for respondents.
   Judgment affirmed, with costs; no opinion.

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


author:
Loughran, J.,
      Rippey, J.,

text:
    The People of the State of New York, Respondent, v. Mike Peller and Abraham Podinker, Appellants.
    Argued April 15, 1943;
    decided June 18, 1943.

      Harry G. Anderson and Samuel Bader for Mike Peller, appellant.

      James D. C. Murray and Daniel Kirchman for Abraham Podinker, appellant.

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

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

Loughran, J.,

concurs in the following memorandum: An accomplice-witness can be sufficiently corroborated solely by a testimonial report of an extra-judicial oral admission of the accused, though such report is made only by a thoroughly discredited witness. (People v. Buchalter, 289 N. Y. 181.)

Rippey, J.,

concurs as to Podinker, but dissents and votes to reverse as to Peller on the ground that the evidence is insufficient as matter of law to sustain a finding of guilt beyond a reasonable doubt.