text:
    Walter F. Jenkins et al., Appellants, v. 313-321 W. 37th Street Corporation, Appellant, and National Transportation Corporation et al., Respondents, Impleaded with Another.
    Submitted January 8, 1940;
    decided January 16, 1940.

      William H. Monroe and Daniel Mungall for motion.

      Harry H. Brown for defendant-appellant, opposed.

      Edward M. Edenbaum for plaintiffs, appellants.
   Motion to dismiss appeal of plaintiffs from so much of the judgment as dismissed the cross-complaint of the original defendant against the impleaded defendants granted and appeal dismissed, without costs, by consent.

Motion to dismiss appeal of the original defendant denied with leave to renew upon argument of the appeal.


source: Caselaw Access Project

license: Public Domain

text:
    The People of the State of New York, Respondent, v. Hyman Swartz, Appellant.
    Argued January 8, 1940;
    decided January 23, 1940.

      Ray F. Fowler and Millard H. Ellison for appellant.

      Daniel J. O’Mara, District Attorney (Harry L. Rosenthal of counsel), for respondent.

      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), for City of New York, amicus curiæ.

   Judgment affirmed; no opinion.

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


text:
    Eleanor G. Noll, an Infant, by Gerda Noll, Her Guardian ad Litem, et al., Appellants, v. Otto Ruprecht et al., Individually and as Trustees under the Will of Rudolph R. Noll, Deceased, Respondents.
    Argued January 8, 1940;
    decided January 23, 1940.

      Richard J. Mackey for appellants.

      Edward A. Pfeffer for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Erie Railroad Company, Respondent, v. City of Rochester, Appellant.
    Argued January 8, 1940;
    decided January 23, 1940.

      William H. Emerson, Corporation Counsel (Clarence M. Platt of counsel), for appellant.

      George D. Newton for respondent.
   Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Ted Peckham, Appellant.
    Argued January 9, 1940;
    decided January 23, 1940.

      Harry Weinberger, Harold M. Weinberger and Chester A. Pearlman for appellant.

      Thomas E. Dewey, District Attorney (Thomas Shaw Hale and Stanley H. Fuld of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Realty Associates Securities Corporation, Plaintiff, v. Jaybar Realty Corporation et al., Defendants; M. W., Inc., Appellant and Respondent, and Franju Realty Corporation et al., Respondents and Appellants.
    Submitted January 9, 1940;
    decided January 23, 1940.

      Benjamin L. Sandberg and Allen H. Suffern for M. W., Inc., appellant and respondent.

      Emil Woldar for Franju Realty Corporation et al., respondents and appellants.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of the Accounting of Cornelius J. Sackett, as Executor of Emma B. Raplee, Deceased, Appellant; J. Nelson Jones et al., Respondents.
    Submitted January 9, 1940;
    decided January 23, 1940.

      James M. Ryan and George I. Teter for appellant.

      Wilber F. Knapp and Spencer F. Lincoln for respondents.
   Appeal dismissed, with costs, on authority of Matter of Schoenewerg (277 N. Y. 424). No opinion.

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


text:
    In the Matter of the Probate of the Will of Jerome F. Dumont, Deceased. Helen Powers, Appellant; John J. Bennett, Jr., Attorney-General of the State of New York, et al., Respondents.
    Argued January 9, 1940;
    decided January 23, 1940.

      Jacob Gordon and Oscar Geltman for appellant.

      John J. Bennett, Jr., Attorney-General (Robert P. Beyer of counsel), respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

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


text:
    Alice M. Lang, as Administratrix of the Estate of Earl A. Lang, Deceased, Respondent, v. City of Troy, Appellant.
    Argued January 9, 1940;
    decided January 23, 1940.

      Frank S. Parmenter, Corporation Counsel (John P. Judge of counsel), for appellant.

      John P. McNamee for respondent.
   Judgments reversed and complaint dismissed, with costs in all courts, on the authority of Rockwell v. City of Syracuse (282 N. Y. 17). No opinion.

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


text:
    In the Matter of Bernson Silk Mills, Inc., Appellant, against M. S. Siegel & Company, Inc., Respondent.
    Argued January 9, 1940;
    decided January 23, 1940.

      Theodore R. Malsín for motion.

      Robert R. Bruce opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    The People of the State of New York, Respondent, v. Morris L. Lamb et al., Individually and Doing Business under the Firm Name of Lamb & Brannaman, Defendants; Thomas J. Lowery, as Receiver, et al., Appellants.
    Submitted January 22, 1940;
    decided January 23, 1940.

      John J. Bennett, Jr., Attorney-General (Irving H. Lessen of counsel), for motion.

      David B. Sugarman opposed.
   Motion granted and appeal dismissed, without costs.


text:
    Arthur Oppenheimer et al., Respondents, v. Anton Thomas et al., Appellants.
    Submitted January 8, 1940;
    decided January 23, 1940.

      Thomas A. Cookingham for motion.

      John L. Crandall opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements. We do not pass upon the question whether new matter stated in the affidavits might form the basis for a motion for a new trial on newly-discovered evidence.


text:
    Reginald B. Lanier, Respondent, v. George T. Bowdoin, Individually and as Liquidator of Winslow, Lanier and Company et al., Appellants, Impleaded with Others.
    Submitted January 15, 1940;
    decided January 23, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. Under the decision Lanier has the same cause of action against the insolvent partners that Bowdoin has. (See 282 N. Y. 32.)


text:
    In the Matter of S. M. & J. Eisenstadt, Inc., Appellant, against Horace Heffernan, Respondent.
    Submitted January 15, 1940;
    decided January 23, 1940.

      William E. Seward and Horace Heffernan, in person, for motion.

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


text:
    Nate Shorr, Plaintiff, v. Marwill Realty Corporation et al., Respondents, and Charles M. Siegel et al., Appellants.
    Submitted January 15, 1940;
    decided January 23, 1940.

      Bernard Steinman for motion.

      Ralph E. Freidus opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on the ground that the order is not final.


text:
    In the Matter of Gulf Oil Corporation, Appellant and Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Respondent and Appellant.
    Submitted January 22, 1940;
    decided January 23, 1940.
   Motions to amend remittitur granted to the following extent: Return of remittitur requested and when returned it will be amended by adding thereto after the words affirmed without costs ” the following: “ and that in so far as the appeal taken by Joseph D. McGoldrick, as Comptroller of the City of New York, is concerned, the affirmance was on the grounds that the City Sales Tax, as applied here, violated Article 1, Section 8, Clause 3, and Article 1, Section 10, Clause 2, and Article 6, Clause 2 of the United States Constitution, and on no other grounds.” (See 281 N. Y. 647; 282 N. Y. 622.)


text:
    In the Matter of the Estate of Leonard S. Whittier, Deceased. Lewis Henry, as Executor of Leonard S. Whittier, Deceased, Appellant; State Tax Commission, Respondent.
    Argued January 10, 1940;
    decided January 25, 1940.

      William Flannery for appellant.

      Harry T. O’Brien, Jr., and Mortimer M. Kassell for respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

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


text:
    In the Matter of the Accounting of Tompkins County Trust Company, Respondent, as Trustee under the Will of William G. Egbert, Deceased. Gladys E. Hunt, Appellant; William G. Egbert, Jr., Respondent.
    Argued January 10, 1940;
    decided January 25, 1940.

      Harold G. Hutchens for appellant.
    D. Boardman Lee for William G. Egbert, Jr., respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

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


text:
    In the Matter of Jennie E. Dee, as Executrix of John Dee, Deceased, Respondent, against State Tax Commission et al., Appellants.
    Argued January 10, 1940;
    decided January 25, 1940.

      John J. Bennett, Jr., Attorney-General (Mortimer M. Kassell, Harry T. O’Brien, Jr., and Bernard A. Culloton of counsel), for appellants.

      John A. Slade for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Anthony A. Magnani, Appellant, against Charles A. Harnett, as Commissioner of Motor Vehicles of the State of New York, et al., Respondents.
    Argued January 11, 1940;
    decided January 25, 1940.

      Roy P. Monahan, James F. Sharkey and Arthur C. Goldberg for appellant.

      John J. Bennett, Jr., Attorney-General (Henry Epstein and Vincent Kiebala of counsel), for Commissioner of Motor Vehicles, respondent.
   Order affirmed, with costs, on the ground that the statute is in violation of the Fourteenth Amendment of the Constitution of the United States. We pass on no other point. No opinion.

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


text:
    The People of the State of New York, Respondent, v. John Keough and Anthony Lategano, Appellants.
    Submitted January 22, 1940;
    decided January 25, 1940.
   Motion for reargument denied. (See 281 N. Y. 834.)


text:
    Nicola De Nisi, Appellant, v. J. Krugman Co., Inc., et al., Respondents.
    Submitted January 22, 1940;
    decided January 25, 1940.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by striking therefrom the provision awarding costs. (See 281 N. Y. 851.)


text:
    William La Varre, Appellant, v. Warner Bros. Pictures, Inc., Respondent.
    Submitted January 22, 1940;
    decided January 25, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 68.)


text:
    In the Matter of Roy Moon, Appellant, against Floyd F. Jones, as Clerk of Greene County, Respondent.
    Submitted January 22, 1940;
    decided January 25, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 553.)


text:
    In the Matter of Gulf Oil Corporation, Appellant and Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Respondent and Appellant.
    Submitted February 26, 1940;
    decided February 26, 1940.
   Motion to amend remittitur granted. Return of remittitur requested, and when returned it will be amended by adding thereto, after the words and on no other grounds,” the following: “ and that (a) the petitioner-respondent-appellant, Gulf Oil Corporation, etc., on its appeal to this Court presented a federal question of deprivation of property without due process of law to this Court for decision, (b) that said question was presented in the briefs of petitioner-respondent-appellant, Gulf Oil Corporation, in both the Appellate Division and in this Court, (c) that a decision by this Court of such federal question was necessary to the determination of this particular issue because said petitioner-respondent-appellant claims still to be subject to liability to refund to its customers the illegal ‘ tax-on-tax ’ collected from them, and this Court’s decision herein requires said petitioner-respondent-appellant to pay the same sums with penalties to the City of New York, thus subjecting said petitioner-respondent-appellant to double payment of the same illegal tax and thereby depriving said petitioner-respondent-appellant of its property without due process of law, whereas this Court, following its decision in Kesbec v. McGoldrick (278 N. Y. 293), held that petitioner-respondent-appellant is not subject to double payment of said illegal tax because its deposit with the Comptroller of the moneys illegally collected absolved it from liability to its customers, the petitioner-respondent-appellant not being entitled to relief under the law of this State, and such federal question having been decided against said petitioner-respondent-appellant, and (d) that the appeal of Gulf Oil Corporation as to this Court was decided adversely to said Gulf Oil Corporation on federal grounds alone.” (See 281 N. Y. 647; 282 N. Y. 612.)


text:
    Marie Bode, Respondent, v. Dime Savings Bank of Williamsburgh et al., Respondents, and Alfred J. Kennedy, as Administrator of the Estate of Lena Kohler, Deceased, Appellant.
    Argued January 12, 1940;
    decided February 27, 1940.

      Walter J. Sharkey for appellant.

      Julius Jay Flamm and Henry I. Millman for plaintiff, respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Elizabeth LaV. McHugh, Respondent, v. Anna K. Lasco et al., Appellants.
    Submitted January 12, 1940;
    decided February 27, 1940.

      Armende Lesser for appellants.

      Adrian P. Burke for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Paul Simmons, an Infant, by Charles Simmons, His Guardian ad Litem, Appellant, v. Poughkeepsie Savings Bank, Respondent.
    Argued January 12, 1940;
    decided February 27, 1940.

      Dermot C. Reilly, Emery J. Hey and Alexander Goldberg for appellant.

      Herbert F. Hastings, Jr., for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Katherine Fuchs, Appellant, v. Henry W. Brody, Respondent.
    Submitted January 12, 1940;
    decided February 27, 1940.

      James Rosthal and Phillips S. Trenbath for appellant.

      Walter G. Evans, William G. Walsh and Alexander Orr, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Thomas Acerra, Appellant.
    Argued January 15, 1940;
    decided February 27, 1940.

      David F. Price and Sol A. Klein for appellant.

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgments reversed and new trial ordered on the ground that the evidence is insufficient as matter of law to prove guilt beyond a reasonable doubt. No opinion.

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


text:
    President and Directors of the Manhattan Company, Appellant, v. Callister Brothers, Inc., et al., Respondents.
    Argued January 15, 1940;
    decided February 27, 1940.

      Wilkie Bushby and Albert A. DuPont for appellant.

      Paul G. Reilly for New York State Bankers Association, amicus curiæ.

      Alfred J. Loew and Laurence E. Degner for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Central School District No. 1 of the Towns of Clymer, Harmony and French Creek, Chautauqua County, Appellant, v. Benedett Senprevivo et al., Respondents, Impleaded with Another.
    Argued January 16, 1940;
    decided February 27, 1940.

      Alton R. Erickson for appellant.

      Samuel S. Edson for Benedett Senprevivo et al., respondents.
   Judgment affirmed, with costs, on the ground that yard or inclosure sought to be taken was necessary to the use and enjoyment of buildings and that the owner’s consent was not obtained as provided for in section 464 of the Education Law. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Harry R. Dash, Appellant, Impleaded with Others.
    Argued January 16, 1940;
    decided February 27, 1940.

      Harry Becker for appellant.

      Charles P. Sullivan, District Attorney (Edmund C. Rowan of counsel), for respondent.
   Judgments reversed and information dismissed on the ground that the evidence did not sufficiently establish that the conduct of the defendant reasonably tended in the circumstances toward a breach of the peace. (Cf. Penal Law, § 1140-a.) No opinion.

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


text:
    I. B. Miller Contracting Corporation, Appellant, v. Carleton Company, Respondent.
    Argued January 17, 1940;
    decided February 27, 1940.

      Herbert M. Rosenberg and Louis Rosenberg for appellant.

      Frederick N. Van Zandt and Arthur J. Carleton for respondent.
   Judgment of the Appellate Division dismissing the complaint reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented by the evidence. No opinion.

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


text:
    Lucy B. Bickford, Respondent, v. Edwin C. Bickford, Appellant.
    Submitted January 18, 1940;
    decided February 27, 1940.

      Sol M. Linowitz for appellant.

      Frederick Wiedman for respondent.
   Judgment of the Appellate Division reversed and that of Special Term affirmed, without costs, on the ground that the weight of evidence sustains the judgment of the Special Term. No opinion.

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


text:
    Bankers Trust Company et al., as Executors of Edgar L. Marston, Deceased, Appellants, v. John B. Dennis, Respondent.
    Argued January 18, 1940;
    decided February 27, 1940.

      J. Adam Murphy, Theodore L. Bailey, Arthur E. Muller and William Killoran for appellants.

      Nathan L. Miller, Edward C. Bailly, Edward J. Bennett and Francis B. Delehanty, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Johanna Elesen, Appellant, v. Steamer Americana, Inc., Defendant, and Meseck Steamboat Corporation, Respondent.
    Argued January 19, 1940;
    decided February 27, 1940.

      Jacquin Frank for appellant.

      Leo F. Hanan for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Lentheric, Incorporated, Respondent, v. W. T. Grant Company, Appellant.
    Argued January 19, 1940;
    decided February 27, 1940.

      Eugene M. Foley, Adolph Bloch and Henry Bloch for appellant.

      Martin A. Schenck, William J. Carr and Joseph F. Murray for F. W. Woolworth Co. et al., amici curiæ.

      Bruce Bromley, William D. Whitney and Benjamin R. Shute for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ruvall Orchestra Corporation, Appellant, v. Rudy Vallee et al., Respondents.
    Argued January 19, 1940;
    decided February 27, 1940.

      Lester Lyons, Mortimer Hays and David L. Podell for appellant.

      Samuel Gottlieb and Hyman Bushel for Rudy Vallee, respondent.

      Bruce Bromley and Albert R. Connelly for National Broadcasting Company, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Peter Martucci, an Infant, by Pasquale Martucci, His Guardian ad Litem, et al., Appellants, v. Eskay Coal & Fuel Corporation et al., Respondents.
    Submitted January 19, 1940;
    decided February 27, 1940.

      Robert Feingold for appellants.

      Elihu Rosen for Frank Rodia et al., respondents.

      Walter L. Glenney and Chauncey L. Grant for Eskay Coal & Fuel Corporation, respondent.
   On the appeal from the order of the Appellate Division granting a new trial: Order affirmed and judgment absolute ordered against appellants on the stipulation, without costs. On the appeal from the judgment of the Appellate Division reversing the judgment against Eskay Coal & Fuel Corporation: Judgment affirmed, without costs. No opinion.

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


text:
    Alfred J. Callahan, as Trustee, Appellant and Respondent, v. Imperial Theatre Corporation et al., Defendants, and Harry K. Keller, as Receiver, Respondent and Appellant.
    Submitted January 19, 1940;
    decided February 27, 1940.

      Alfred J. Callahan, in person, and Janet H. Lewin for plaintiff, appellant and respondent.

      Wendell P. Barker, William C. Morris and Vernon Murphy for defendant, respondent and appellant.
   Appeals dismissed, without costs, on the ground the orders are intermediate. No opinion. (See 282 N. Y. 801.)

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


text:
    Theodore Ulm, Respondent, v. Western Union Telegraph Company, Appellant.
    Argued January 22, 1940;
    decided February 27, 1940.

      Evan Hollister and Francis R. Stark for appellant.

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

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


text:
    In the Matter of Max N. Koven, an Attorney, Appellant; Association of the Bar of the City of New York, Respondent.
    Argued January 8, 1940;
    decided March 5, 1940.

      Jacob L. Holtzmann, Marvin M. Notkins and Frank P. Broz for appellant.

      Theodore Kiendl, Einar Chrystie and Warren S. Fogel for respondent.
   Order of Appellate Division reversed and proceeding remitted to the Appellate Division for further proceedings on the authority of Matter of Donegan (282 N. Y. 285). No opinion.

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


text:
    In the Matter of William B. Herlands, as Commissioner of the Department of Investigation of the City of New York, et al., Appellants, against Abner C. Surpless et al., Constituting a Special Committee of the Council of the City of New York Investigating the Administration of Relief Funds, Respondents.
    Argued January 9, 1940;
    decided March 5, 1940.

      William C. Chanler, Corporation Counsel (Oren Clive Herwitz and Paxton Blair of counsel), for appellants.

      Richard J. Barry and Harold W. Wolfram for respondents.
   Order denying application to cancel subpoena affirmed, without costs. No application was made to modify the subpoena in any aspect. No opinion.

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


text:
    In the Matter of Blanche L. Wohler, Appellant, against Lewis J. Valentine, as Police Commissioner of the City of New York and Trustee of the New York City Police Pension Fund, Respondent.
    Submitted January 10, 1940;
    decided March 5, 1940.

      Benjamin H. Siff and David D. Reibstein for appellant.

      Abraham Bernard King, Joseph F. Ryan, Samuel Luloff and Morris Luloff for Matthew Thomasson, amicus curiæ.

      William C. Chanler, Corporation Counsel (James Hall Prothero of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Claire Simmonds, Appellant, v. Martin L. Sowers et al., Respondents. Claire Simmonds, Appellant, v. Martin L. Sowers, Respondent.
    Argued January 11, 1940;
    decided March 5, 1940.

      Claire Simmonds, appellant, in person.

      William C. Chanler, Corporation Counsel (James Hall Prothero and Paxton Blair of counsel), for Sanford J. Ellsworth, respondent.

      Martin Luther Sowers, respondent, in person,
   In each action: Judgment affirmed, with costs; no opinion.

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


text:
    Ida C. Hazzard et al., Appellants, v. Chase National Bank of the City of New York, Respondent, Impleaded with Others.
    Argued January 15, 1940;
    decided March 5, 1940.

      Edward J. Chapman, Harold H. Levin, Joel R. Parker and Jack Lewis Kraus, II, for appellants.

      Jacob J. Lesser for Estelle Messing, amicus curiæ.

      William Dean Embree, A. Donald Mac Kinnon and Einar B. Paust for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Edmond H. Hendrickson et al., Respondents, v. County of Westchester et al., Appellants.
    Argued January 15, 1940;
    decided March 5, 1940.

      William A. Davidson, County Attorney (John Lord O’Brian, Thomas M. Smith, Francis J. Morgan, Frank J. Claydon and William I. Morey of counsel), for appellants.

      J. Francis Hayden, Leo T. Kissam and Philip D. Straffin for respondents.
   Order affirmed, with costs, and question certified answered in the affirmative on the authority of People v. County of Westchester (282 N. Y. 224). No opinion.

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


text:
    The People of the State of New York, Respondent, v. Thomas Kapatos, Appellant.
    Argued January 17, 1940;
    decided March 5, 1940.

      John J. Duff, Joseph Aronstein, Joseph M. Paley and Joseph Pascocello for appellant.

      Thomas E. Dewey, District Attorney (Stanley H. Fuld and Burr F. Coleman of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Henry M. Chance et al., Appellants, v. Guaranty Trust Company of New York et al., Defendants, and Boudinot Atterbury, Respondent.
    Argued January 17, 1940;
    decided March 5, 1940.

      Robert H. Elder, Adolph Feldblum and Samuel Zirn for appellants.

      Neil P. Cullom and Henry W. Steingarten for defendant, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the City of New York Relative to Acquiring Title to Lands Situated on 157th and 155th Streets, and 108th and 109th Avenues in the Borough of Queens, for a Public Park. Federal Housing Administration, Appellant; Effie Royster, Respondent.
    Argued January 18, 1940;
    decided March 5, 1940.

      Harold M. Kennedy, United States Attorney (Mario Pittoni and Vine H. Smith of counsel), for appellant.

      Leonard M. Wallstein, Joseph J. Einhorn and Leonard M. Wallstein, Jr., for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Myron Winters, Appellant, v. North Kensington Refinery, Inc., Respondent.
    Submitted January 19, 1940;
    decided March 5, 1940.

      Michael C. Bernstein and Bernard Tomson for appellant.

      Edward Alan Shure and Isidore Mesibov for respondent.
   Judgments reversed and new trial granted, with costs to abide the event. We conclude that ambiguities present in the written contract of employment make doubtful the intent of the parties and present questions of fact to be determined by a jury upon proof of circumstances surrounding the execution of the contract, which evidence must be consistent with the terms of the agreement and explanatory of its meaning. No opinion.

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


text:
    James F. Egan, as Administrator de Bonis Non of the Estate of Toby Becker, Appellant, v. Thomas E. Murray, Jr., as Receiver of the Interborough Rapid Transit Company, Respondent.
    Argued January 22, 1940;
    decided March 5, 1940.

      Harry Kirshbaum for appellant.

      W. D. Van Pelt and James L. Quackenbush for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Finch, Sears and Lewis, JJ. Loughran, Rippey and Conway, JJ., dissent and vote to reinstate the verdict.


text:
    In the Matter of Pennsylvania Whiskey Distributing Corporation, Respondent, against Henry E. Bruckman et al., Constituting the State Liquor Authority, Appellants.
    Argued January 22, 1940;
    decided March 5, 1940.

      Monroe I. Katcher, II, and Francis V. McHugh for appellants.

      Samuel Bernstein for New York State Wholesale Beer Distributors Association, amicus curiæ.

      Samuel Robert Weltz and Benjamin M. Franklin for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Vito Brancato, Appellant.
    Argued January 23, 1940;
    decided March 5, 1940.

      David L. Malbin and Samuel Paige for appellant.

      William O’Dwyer, District Attorney (Solomon A. Klein and Henry J. Walsh of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of New York Telephone Company, Appellant, against Arthur M. Ferris et al., Constituting the Board of Assessors of the City of Syracuse, Respondents.
    Argued January 24, 1940;
    decided March 5, 1940.

      Edward L. Blackman, George R. Fearon, John M. Farrell and Charles T. Russell for appellant.

      James C. Tormey, Corporation Counsel, for respondents.

      David Diamond, Corporation Counsel (Herbert A. Hickman of counsel), for City of Buffalo, amicus curiæ.

      William C. Chanler, Corporation Counsel (Arthur A. Segall, Robert H. Wrubel and Edward Garfield of counsel), for City of New York, amicus curiæ.

      William H. Emerson, Corporation Counsel (Clarence M. Platt of counsel), for City of Rochester, amicus curiæ.

      Bartle Gorman, Corporation Counsel (Daniel B. Myers of counsel), for City of Utica, amicus curiæ.

   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Gus Schweinberger, Appellant.
    Argued January 24, 1940;
    decided March 5, 1940.

      Paul L. Bleakley and Irving Schneider for appellant.

      Walter A. Ferris, District Attorney (Elbert T. Gallagher and George M. Fanelli of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.'

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


text:
    Benedetta Rizzo, as Administratrix of the Estate of Leonardo Rizzo, Deceased, Appellant and Respondent, v. Thomas E. Murray, Jr., as Receiver of Interborough Rapid Transit Company, Appellant; Triborough Bridge Authority, Respondent and Appellant, and Woodcrest Construction Company, Inc., Respondent.
    Argued November 29, 1939;
    reargued January 25, 1940;
    decided March 5, 1940.

      Louis S. Carpenter, J. Tufton Mason, Smith L. Multer and James L. Quackenbush for Thomas E. Murray, Jr., as receiver, appellant.

      Sidney J. Feltenstein and Moses Feltenstein for plaintiff, appellant and respondent.

      William C. Chanler, Corporation Counsel (Edward J. McGratty, Jr., and Paxton Blair of counsel), for Triborough Bridge Authority, defendant, respondent and appellant.

      Franklin Nevius and Emil V. Pilz for Woodcrest Construction Co., defendant, respondent.
   Judgment affirmed, with costs, in favor of respondents; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Conway, JJ. Sears, J., dissents on the ground there is no evidence to sustain a finding of negligence.


text:
    Dorothy Thompson, an Infant, by Joseph Thompson, Her Guardian ad Litem, et al., Respondents, v. New York Central Railroad Company, Appellant.
    Submitted January 25, 1940;
    decided March 5, 1940.

      K. O. Mott-Smith and Clive C. Handy for appellant.

      Benjamin Gollay and Max Bergman for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mazzini S. Lapolla, Appellant, v. Board of Education of the City of New York, Respondent.
    ' Submitted January 25, 1940;
    decided March 5, 1940.

      A. Spencer Feld and Sylvan D. Freeman for appellant.

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

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


text:
    William Hough, Appellant, v. Henry Doersch, Respondent.
    Submitted January 8, 1940;
    decided March 5, 1940.

      Harold Y. MacCartney for motion.

      Alton W. Teale opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Thomas W. Lamont et al., Individually and as the International Committee of Bankers on Mexico, Plaintiffs, v. Travelers Insurance Company et al., Defendants, and Louis S. Ottenheimer, Appellant. The Government of the United States of Mexico, Appearing Specially, Respondent.
    Submitted January 15, 1940;
    decided March 5, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 281 N. Y. 362.)


text:
    The People of the State of New York, Respondent, v. Kesbec, Inc., Appellant.
    Submitted February 26, 1940;
    decided March 5, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 281 N. Y. 785.)


text:
    The People of the State of New York, Respondent, v. Joseph Gordon, Max Stern and Harry Lewis, Appellants.
    Submitted February 26, 1940;
    decided March 5, 1940.

      Samuel J. Foley, District Attorney (Sol. Boneparth of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    The People of the State of New York ex rel. John Kohlepp, Appellant, against Richard A. McGee, as Warden of the Penitentiary of the City of New York, et al., Respondents.
    Submitted February 26, 1940;
    decided March 5, 1940.

      Samuel J. Foley, District Attorney (Sol. Boneparth of counsel), for motion.

      Aaron Samuelson opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of the Application of The People of the State of New York by George S. Van Schaick, as Superintendent of Insurance of the State of New York, for an Order to Take Possession of the Property and Liquidate the Business of Southern Surety Company of New York. Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Southern Surety Company of New York, Appellant and Respondent; Goodyear Tire & Rubber Co., Inc., Respondent and Appellant.
    Submitted February 26, 1940;
    decided March 5, 1940.
   Motions for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 54.)


text:
    In the Matter of John J. Gainey, Appellant, against Village of Depew et al., Respondents.
    Submitted February 26, 1940;
    decided March 5, 1940.

      Harold P. Kelly for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of Grade Crossings in the City of Batavia. New York Central Railroad Company, Appellant; Public Service Commission of the State of New York et al., Respondents.
    Submitted February 26, 1940;
    decided March 5, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 570.)


text:
    Betsy R. Aron, Respondent, v. Harold G. Aron, Appellant.
    Argued February 26, 1940;
    decided March 5, 1940.

      Ambrose E. Chambers for motion.

      Harold G. Aron opposed.
   Motion to dismiss appeal granted and appeal dismissed. Motion for a stay denied. The payment of $500 made by the defendant on February 10, 1940, is directed to be applied upon the fine.


text:
    The People of the State of New York, Respondent, v. Donald A. J. Rat, Appellant.
    Argued February 26, 1940;
    decided March 5, 1940.

      A. Edward Krieger, District Attorney, for motion.

      Henry P. Nevins and John H. Ryan opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of Mignon M. Otto et al., Appellants, against Albert Steinhilber et al., Constituting the Board of Appeals of the Village of Lynbrook, Respondent. Michael Garramone, Intervener, Respondent.
    Submitted February 26, 1940;
    decided March 5, 1940.
   Motion for a reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 71.)


text:
    Manufacturers Trust Company, as Trustee, Appellant, v. Reid Holding Corporation. Respondent, Impleaded with Others.
    Submitted February 26, 1940;
    decided March 5, 1940.

      Daniel F. Nugent for motion.

      Bernard Diamond opposed.
   Motion denied with leave to renew on argument of appeal.


text:
    New York State Electric & Gas Corporation, Appellant and Respondent, v. City of Plattsburgh et al., Respondents and Appellants.
    Submitted February 26, 1940;
    decided March 5, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 281 N. Y. 450.)


text:
    In the Matter of the Rehabilitation of Home Title Insurance Company. Del Ritz Holding Company, Inc., Appellant; Frederick L. Cranford, as Trustee, et al., Respondents.
    Submitted February 26, 1940;
    decided March 5, 1940.

      Charles Waters for motion.

      Daniel A. Lynch and John A. King opposed.
   Motion denied on ground that order is not final.


text:
    In the Matter of Joseph F. Dempsey et al., Appellants, against Russell P. Koehler et al., Constituting the Board of Appeals of the Town of Islip, Respondents, and Benjamin W. Hawkes, Intervener, Respondent.
    Submitted February 26, 1940;
    decided March 5, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 571.)


text:
    Louis S. Goldstein, Respondent, Impleaded with Another, v. Tri-Continental Corporation et al., Defendants, and Earle Bailie et al., Appellants.
    Submitted February 26, 1940;
    decided March 5, 1940.
   Motion to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 21.)


text:
    In the Matter of the Accounting of Armin Trazenfeld, as Administrator of the Estate of Celia Block, Deceased. Armin Trazenfeld, Appellant; Harry Trazenfeld et al., Respondents.
    Submitted February 26, 1940;
    decided March 5, 1940.

      Jay Leo Rothschild for motion.

      Eugene L. Bondy opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of Philip Edwards, Appellant, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, et al., Respondents.
    Submitted February 26,1940;
    decided March 5, 1940.

      George G. Lake for motion.

      Joseph Ferber opposed.
   Motion denied, without costs.


text:
    Edward P. Sweeney, Appellant, v. Spring Products Corporation, Defendant, and Schulte Real Estate Company, Inc., Respondent.
    Submitted January 19, 1940;
    decided March 12, 1940.

      Joseph Lotterman, Louis A. Tepper and Nathan B. Kogan for appellant.

      William L. Shumate for respondent,
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Estate of Libertus Van Bokkelen, Deceased. Carroll G. Walter, as Administrator de Bonis Non of the Estate of Libertus Van Bokkelen, Deceased, Appellant; President and Directors of the Manhattan Company, Respondent.
    Argued February 26, 1940;
    decided March 12, 1940.

      Carroll G. Walter and J. Frederick Eagle for appellant.

      Gerhard R. Gerhard, T. F. Davies Haines and Lee J. Perrin for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Anthony Scatola. Bronx Home News Publishing Company, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.
    Argued February 26, 1940;
    decided March 12, 1940.

      Ernest P. Seelman for appellant.

      John J. Bennett, Jr., Attorney-General (W. Gerard Ryan, Francis R. Curran and Henry Epstein of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Raymond Enright et al., Respondents, against S. Howard Cohen et al., as Commissioners of the Board of Elections of the City of New York, Respondents. Harold V. Nearey, Appellant.
    Submitted February 26, 1940;
    decided March 12, 1940.

      Abraham L. Sainer for appellant.

      Benjamin Gassman for petitioners, respondents.

      William C. Chanler, Corporation Counsel (Edward J. McGratty, Jr., and Russell Lord Tarbox of counsel), for Board of Elections of the City of New York, respondent.
   Appeal dismissed, with costs, on the ground it is academic. No opinion.

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


text:
    Claudius B. Pape et al., as Executors of Edward T. Pape, Deceased, Respondents, v. Rudolph Brothers, Inc., Appellant.
    Argued February 26, 1940;
    decided March 12, 1940.

      Donald J. Ball for appellant.

      William E. Seavey for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Helen Slusarz, as Administratrix of the Estate of Alfred Slusarz, Deceased, Respondent, v. Gertrude D. Marshall et al., as Executrices of Frank Marshall, Deceased, and John Kasson et al., Appellants.
    Argued February 26, 1940;
    decided March 12, 1940.

      Laurence V. Benedict for appellants.

      Floyd J. Reinhart and Joseph N. Barnett for respondent.
   Judgments against the appellants Kasson reversed and complaint dismissed, with costs in all courts, on the ground that there was no causal relation between their alleged negligence and the accident. No opinion.

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


text:
    Ruth A. Tuttle et al., as Trustees under the Will of Willis H. Tuttle, Deceased, Appellants, v. Irving T. Clark, Respondent.
    Argued February 27, 1940;
    decided March 12, 1940.

      James P. Donovan for appellants.

      Kenneth B. Keating and Nicholas E. Brown for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Valentine J. McManus, Appellant. Treasurer of the City of New York et al., Respondents.
    Argued February 27, 1940;
    decided March 12, 1940.

      Thomas J. Brennan, Jr., for appellant.

      George M. Mulligan, Lester T. O’Connor and Joseph H. Praetz for Emigrant Industrial Savings Bank, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Louis Goldstein et al., Appellants, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, Respondents.
    Argued February 27, 1940;
    decided March 12, 1940.

      H. Eliot Kaplan and Samuel D. Smoleff for appellants.

      William C. Chanler, Corporation Counsel (Charles F. Murphy and Paxton Blair of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Irving Wolfson, Respondent, v. Michael J. Cruise, as City Clerk of the City of New York, et al., Appellants.
    Argued February 27, 1940;
    decided March 12, 1940.

      William C. Chanler, Corporation Counsel (Charles F. Murphy and Paxton Blair of counsel), for appellants.

      George Kaminsky and Samuel M. Ostroff for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Macie Woolridge, Appellant, v. Hollis Miller, Respondent.
    Submitted March 4, 1940;
    decided March 12, 1940.

      Perry E. Leary for motion.
    No one opposed.
   Motion granted and appeal dismissed, without costs.


text:
    Irene S. Woodworth, Individually and as Executrix and Ancillary Executrix of the Estate of Chauncey C. Woodworth, Deceased, et al., Appellants, v. Prudential Insurance Company of America, Respondent.
    Submitted February 26, 1940;
    decided March 15, 1940.

      Albert E. Schwartz, Louis A. Tepper, Anschel E. Barshay and Harry B. Solow for appellants.

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

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


text:
    J. Ernest Welhaven et al., Appellants, v. Jeannette Kohn, Respondent.
    Argued February 26, 1940;
    decided March 15, 1940.

      Clyde H. Proper for appellants.

      Samuel E. Aronowitz and Jacques J. Katz for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Elsie Miller, Respondent, against The City of New York, Appellant. State Industrial Board, Respondent.
    Argued February 27, 1940;
    decided March 15, 1940.

      William C. Chanler, Corporation Counsel (Stanley Buchsbaum and Samuel A. Bloom of counsel), for appellant.

      John J. Bennett, Jr., Attorney-General (Boy Wiedersum and Joseph A. McLaughlin of counsel), for State Industrial Board, respondent.
   Order of Appellate Division and award of State Industrial Board reversed on the ground that upon this record there is not sufficient evidence to sustain the award, and the matter remitted to the State Industrial Board for further hearing, without costs. Ño opinion.

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


text:
    In the Matter of the Claim of Edithe I. Hall, Respondent, against The City of New York, Respondent. State Industrial Board, Appellant.
    Submitted February 27, 1940;
    decided March 15, 1940.

      John J. Bennett, Jr., Attorney-General (Boy Wiedersum of counsel), for State Industrial Board, appellant.

      William C. Chanler, Corporation Counsel (Stanley Buchsbaum and Samuel A. Bloom of counsel), for respondent.
   Order affirmed, with costs against State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of Marion M. Weir, Respondent, against Board of Education, School District No. 10, et al., Appellants. State Industrial Board, Respondent.
    Submitted February 28, 1940;
    decided March 15, 1940.

      Frank L. Ward for appellants.

      John J. Bennett, Jr., Attorney-General (Boy Wiedersum of counsel), for State Industrial Board, respondent.
   Order of Appellate Division reversed and claim dismissed, with costs in this court and in the Appellate Division against the State Industrial Board on the ground that the accident did not arise in the course of the claimant’s employment. No opinion.

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


text:
    In the Matter of the Claim of Beatrice Hobbs, Respondent, against Dairymen’s League Co-operative Association, Inc., et al., Appellants. State Industrial Board, Respondent.
    Argued February 28, 1940;
    decided March 15, 1940.

      Anthony J. Caputo and Byron Clark for appellants.

      Walter A. Fullerton and Michael E. Sweeney for claimant, respondent.
   Appeal dismissed, without costs, on the ground that the order is not final. No opinion.

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


text:
    Alice Dugan, Respondent, v. City of New York, Appellant.
    Argued February 28, 1940;
    decided March 15, 1940.

      William C. Chanler, Corporation Counsel (Stanley Buchsbaum and Paxton Blair of counsel), for appellant.

      Thomas A. Shaw and Edward J. Fanning for respondent.
   Judgments reversed and new trial granted, with costs to the appellant to abide the event on the ground that there was insufficient proof of negligence. No opinion.

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


text:
    Ernest B. Morris et al., Respondents, v. John W. Gardner, Appellant.
    Argued February 28, 1940;
    decided March 15, 1940.

      H. E. Blodgett and Howard Murrin for appellant.

      Ernest B. Morris for respondents.
   Appeal dismissed unless within twenty days appellant files a stipulation for judgment absolute. The order of the Appellate Division is by necessary implication an order granting a new trial. No opinion.

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


text:
    In the Matter of the Estate of John J. Montgomery, Deceased. Robert W. Montgomery et al., Appellants; Ida L. Montgomery, Individually and as Administratrix with the Will Annexed of the Estate of Harry C. Montgomery, Deceased, et al., Respondents.
    Argued February 28, 1940;
    decided March 15, 1940.

      Sebastian P. Capuli for appellants.
    ■Eugene Morgan Hawkins and Frederic A. Behrens for Ida' L. Montgomery, as administratrix, respondent.

      James E. Bennett, Jr., for National City Bank of New York, as executor and trustee of John J. Montgomery, deceased, respondent.
   Order affirmed, with costs payable out of the estate. No opinion.

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


text:
    Eva Jacques, Appellant, v. Roy Jacques, Respondent.
    Submitted February 28, 1940;
    decided March 15, 1940.

      Edmund Fitzgerald for appellant.

      Arthur B. Bart for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Harry J. Schadler, Appellant, against Mark Graves, as Commissioner of Taxation and Finance of the State of New York, Respondent.
    Argued February 28, 1940;
    decided March 15, 1940.

      Samuel D. Smoleff for appellant.

      John J. Bennett, Jr., Attorney-General (Patrick H. Clune and Everett D. Mereness of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Hugh W. Murphy, Inc., Respondent, v. Commonwealth Associates, Inc., et al., Appellants, Impleaded with Others.
    Argued February 29, 1940;
    decided March 15, 1940.

      Maurice Rubinger and Robert Jacobs for appellants.

      Joseph Apfel and Irving Ginsberg for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Catherine Vennard, as Administratrix of the Estate of Patrick Gormley, Deceased, Appellant, v. Albany Savings Bank, Respondent, Impleaded with Another.
    Argued February 29, 1940;
    decided March 15, 1940.

      Borden H. Mills and Ellis J. Staley for appellant.

      Edward S. Rooney and B. Jermain Savage for respondent.
   Judgment affirmed, with costs; no opinion. (See 282 N. Y. 802.)

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


text:
    In the Matter of The People of the State of New York, by George S. Van Schaick, as Liquidator of Lexington Surety and Indemnity Company. Superintendent of Insurance of the State of New York, Appellant; People of the State of New York, Respondent.
    Argued February 29, 1940;
    decided March 15, 1940.

      Irvin Waldman and Alfred C. Bennett for appellant.

      Thomas E. Dewey, District Attorney (Stanley H. Fuld, Charles W. Manning and Charles C. Tillinghast, Jr., of counsel), for respondent.
   Orders affirmed, without costs, and questions certified answered in the affirmative. No opinion.

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


text:
    In the Matter of the Claim of Adam Batter. Mortgage Commission Servicing Corporation, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.
    Submitted February 29, 1940;
    decided March 15, 1940.

      Alfred C. Bennett and Benjamin Potoker for appellant.

      John J. Bennett, Jr., Attorney-General (W. Gerard Ryan, Francis R. Curran and Henry Epstein of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of The Mortgage Corporation of New York, as Trustee, Appellant, against Menan Realty Corporation, Respondent.
    Argued February 29, 1940;
    decided March 15, 1940.

      Curtiss Ely Frank and James E. O’Kane for appellant.

      Lionel Golub and Max Levy for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Tomas Subirana, Appellant, v. Louis deL. Munds, Individually and as Executor of J. Theus Munds, Deceased, et al., Respondents, Impleaded with Others.
    Argued February 29, 1940;
    decided March 15, 1940.

      John F. X. Finn for appellant.

      J. Adam Murphy for respondents.
   Order affirmed, with costs, and the question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of the Estate of Crumby Bolton, Deceased. Milton F. Bolton, Appellant; Bessie A. MacDougall, as Administratrix of the Estate of Katherine E. Bolton, Deceased, et al., Respondents.
    Submitted February 29, 1940;
    decided March 15, 1940.

      John J. Sweeney and Joseph C. Behan, Jr., for appellant.

      Harry F. Whiton for Troy Trust Company, as trustee, respondent.

      Aaron A. Armitage for Mabel E. Bolton, individually and as administratrix of the estate of Richard D. Bolton deceased, respondent.
   Order affirmed, with costs to respondents filing separate briefs payable out of the estate. No opinion.

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


text:
    Josephine Wayman, Respondent, v. Rhea Fulder, Appellant.
    Argued March. 1, 1940;
    decided March 15, 1940.

      Gerald W. O’Connor for appellant.

      Joseph J. Casey for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Lotjghran, Finch, Rippey, Sears, Lewis and Conway, JJ.


text:
    The People of the State of New York ex rel. Edward Glaser, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted March 1, 1940;
    decided March 15, 1940.

      Edward Glaser, appellant, in person.

      John J. Bennett, Jr., Attorney-General (Edward T. Boyle and Patrick H. Clune of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Morton L. Cummings, Appellant, against Raymond V. Ingersoll, as President of the Borough of Brooklyn of the City of New York, Respondent.
    Argued March 1, 3940;
    decided March 15, 1940.

      Morton L. Cummings, appellant, in person.

      William C. Chanler, Corporation Counsel (James Hall Prothero and Charles F. Murphy of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. John Troutsoures, Appellant.
    Submitted March 1, 1940;
    decided March 15, 1940.

      Harvey I. Harris and Michael Lekacos for appellant.

      Thomas E. Dewey, District Attorney (Charles W. Manning and Stanley H. Fuld of counsel), for respondent.
   Judgments reversed and information dismissed upon the ground that the evidence did not sufficiently establish that the conduct of the defendant reasonably tended in the circumstances toward a breach of the peace. No opinion.

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


text:
    John Golja, Sr., as Administrator of the Estate of John Golja, Jr., Deceased, Respondent, v. Ward Davis, Defendant, and David Barcomb et al., Appellants.
    Argued March 1, 1940;
    decided March 15, 1940.

      J. Stanley Carter and Fred J. Murray for appellants.

      J. Ernest Wharton for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Green Bus Lines, Inc., Appellant, v. Ocean Accident and Guaranty Corporation, Ltd., Respondent.
    Submitted March 15, 1940;
    decided March 15, 1940.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 104.)


text:
    Tomas Subirana, Appellant, v. Louis deL. Munds, Individually and as Executor of J. Theus Munds, Deceased, et al., Respondents, Impleaded with Others.
    Argued February 29, 1940;
    decided March 15, 1940.

      J. Adam Murphy for motion.

      John F. X. Finn opposed.
   Motion denied.


text:
    In the Matter of the Village of Tupper Lake, Respondent, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, et al., Appellants. In the Matter of the Village of Wellsville, Respondent, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, et al., Appellants.
    Submitted March 11, 1940;
    decided March 15, 1940.

      Harold H. McBride for motions.

      Laurence J. Olmstead and Gay H. Brown opposed.
   Motions denied with leave to renew on argument of appeals.


text:
    Frank A. Babor, Appellant, v. Herman G. Goldberg, Respondent, Impleaded with Another.
    Submitted March 11, 1940;
    decided March 15, 1940.

      Leo L. Hoffman for motion.

      Irving Maxon opposed.
   Motion denied on condition that appellant perfects the appeal within twenty days.


text:
    In the Matter of Joseph Miraglia, Appellant, on His Own Behalf and on Behalf of Others Similarly Situated, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York et al., Respondents.
    Argued March 28, 1940;
    decided March 28, 1940.

      Israel Convisser, Samuel Null, Robert H. Haskell and Louis Lambert for appellant.

      Victor Rabinowitz for George Rogers, respondent.

      William C. Chanler, Corporation Counsel (Russell Lord Tarbox of counsel), for Board of Elections, respondents.
   Orders reversed and application granted, without costs, upon the ground that the alleged alterations have not been shown to have been improperly made. No opinion.

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


text:
    In the Matter of John J. McNaboe, Respondent, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Appellants. In the Matter of Alfred E. Smith, Jr., Respondent, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Appellants. In the Matter of James H. Fay, Appellant; John J. McNaboe and Alfred E. Smith, Jr., Respondents. In the Matter of Michael Donnelly, Appellant; John J. McNaboe and Alfred E. Smith, Jr., Respondents.
    Argued March 28, 1940;
    decided March 28, 1940.

      John T. Dooling for Michael Donnelly and James H. Fay, appellants.

      William C. Chanler, Corporation Counsel (Russell Lord Tarbox of counsel), for Board of Elections, appellants.

      Benjamin Gassman, Timothy J. Healy and William J. Reinhart, Jr., for respondents.

      Sidney S. Levine for Patrick J. Kane et al., amici curiæ.

   In the first above-entitled proceeding: Order affirmed, without costs. Arguments of expediency must be addressed to the Legislature. No opinion.

In the second, third and fourth above-entitled proceedings: Orders affirmed, without costs; no opinion.

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


text:
    In the Matter of Louis L. Cantwell on Behalf of Himself and Others, Appellants, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Respondents. Joseph J. Madden, Respondent and Appellant.
    Argued March 28, 1940;
    decided March 28, 1940.

      Edward S. Friedland and Samuel J. Matthews for appellants.

      John L. Fletcher and James I. Riley for Joseph J. Madden, objector, respondent and appellant.

      William C. Chanler, Corporation Counsel (Russell Lord Tarbox of counsel), for Board of Elections, respondents.
   Order of the Appellate Division of March 20, 1940, affirmed, without costs; No other order is before the court. No opinion.

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


text:
    The People of the State of New York ex rel. James R. Duncan et al., as Trustees under the Will of George Fowler, Deceased, Appellants, against Mark Graves et al., Constituting the State Tax Commission, Respondents.
    Argued March 1, 1940;
    decided April 9, 1940.

      Israel D. Deyo for appellants. '

      Henry G. Seipp and John S. Sheppard for Vanderpoel Adriance, Jr., as trustee under the will of John S. Adriance, deceased, amicus curiæ.

      John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig of counsel), for respondents.
   Orders modified by providing for a refund to appellants of the sum of $451.30, with interest thereon from February 14, 1938, and, as so modified, affirmed, with costs. No opinion.

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


text:
    Sarah Oliner, Plaintiff, v. American-Oriental Banking Corporation et al., Appellants; American Reserve Insurance Company et al., Respondents.
    Argued March 4, 1940;
    decided April 9, 1940.

      Jacob Krisel for appellants.

      Harold H. Feigin, George M. Feigin and Harry Salvan for Nathaniel L. Goldstein et al., respondents.

      Lionel P. Marks for L. H. Lindeman, respondent.

      Arnold T. Koch and Earle R. Koons for American Reserve Insurance Company et al., respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Herman Lipschitz, Appellant, v. Eugene J. Schwabach et al., Trading as E. J. Schwabach & Company et al., Respondents. Ruth T. Lovett, Appellant, v. Same, Respondents. Modern Homes, Inc., Appellant, v. Same, Respondents.
    Argued March 5, 1940;
    decided April 9, 1940.

      Louis Kunen and Edward Weinfeld for appellants.

      Barney B. Fensterstock and Harry Zalkin for respondents.
   In each action: Judgment affirmed, with costs; no opinion.

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


text:
    Anna Garemchuk, as Administratrix of the Estate of Gavril Garemchuk, Deceased, Appellant, v. Long Island Railroad Company, Respondent.
    Argued March 5, 1940;
    decided April 9, 1940.

      Lindsay R. Henry for appellant.

      Ralph E. Hemstreet and Louis J. Carruthers for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Max Riedel, Appellant.
    Argued March 5, 1940;
    decided April 9, 1940.

      Lester Lyons and Louis J. Gribetz for appellant.

      John J. Bennett, Jr., Attorney-General (Bernard Bienstock and Hyman Wank of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Ida Medsukis, Respondent, v. Sa-med Brake & Auto Service Corporation, Appellant.
    Submitted March 6, 1940;
    decided April 9, 1940.

      Clarence E. Mellen for appellant.

      Fred P. Harrington, Charles S. Scholnicoff and John F. Mulvey for respondent.
   Judgments reversed and complaint dismissed, with costs in all courts, on the ground there is no evidence of negligence. No opinion.

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


text:
    Howard Rosenfeld, an Infant, by Benjamin Rosenfeld, His Guardian ad Litem, et al., Appellants, v. G. X. Matthews Company, Inc., Respondent, Impleaded with Others.
    Argued March 6, 1940;
    decided April 9, 1940.

      Robert Hyman for appellants.

      Clarence E. Mellen and William Butler for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. James Horn, Appellant.
    Argued March 6, 1940;
    decided April 9, 1940.

      Frederick J. Sullivan, Samuel W. Greenwald and Thomas B. Dyett for appellant.

      Thomas E. Dewey, District Attorney (Stanley H. Fuld and Manuel Robbins of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Finch, Rippey, Sears and Lewis, JJ. Lotjghran and Conway, JJ., dissent on the ground that it was material error to receive in evidence statements made by the deceased in the presence of the defendant when the defendant was in custody.


text:
    Joseph Lewis, Appellant, v. Fiorello H. LaGuardia, as Mayor of the City of New York, et al., Respondents.
    Argued March 6, 1940;
    decided April 9, 1940.

      Joseph Wheless for appellant.

      William C. Chanler, Corporation Counsel (Samuel J. Silverman and George G. Gallants of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Leitch Manufacturing Company, Appellant, v. State of New York, Respondent.
    (Claim No. 24812.)
    Argued March 6, 1940;
    decided April 9, 1940.

      Max Schoengold for appellant.

      John J. Bennett, Jr., Attorney-General (Leon M. Layden of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Katie Larusso, as Administratrix of the Estate of Peter Sarcinelli, Deceased, Appellant, v. City of New York, Respondent.
    Argued March 6, 1940;
    decided April 9, 1940.

      Harry A. Spiegelman, Julius J. Ivanitsky and John M. Wilson for appellant.

      William C. Chanler, Corporation Counsel (Edward J. McGratty, Jr., and Paxton Blair of counsel), for respondent.
   Judgment of the Appellate Division in so far as it dismisses the complaint reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented for the jury. No opinion.

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


text:
    In the Matter of James W. Tuomey, Appellant, against Joseph D. McGoldrick, as Comptroller of the City of New York, Respondent.
    Argued March 6, 1940;
    decided April 9, 1940.

      Samuel Binder and Jesse C. Rogers for appellant.

      William C. Chanler, Corporation Counsel (Jeremiah M. Evarts and Paxton Blair of counsel), for respondent.
   Order affirmed, without costs, on the ground no clear legal right has been shown. No opinion.

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


text:
    Sherover and Company, Inc., Respondent, v. Sanford Griffith et al., Appellants.
    Argued March 6, 1940;
    decided April 9, 1940.

      Chauncey E. Treadwell and William Biel for appellants.

      Osmond K. Fraenkel and Charles H. Levitt for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Estate of Peter A. C. M. Salm, an Infant. Ludwig C. Salm, Appellant; John C. Myers et al., as General Guardians, Respondents.
    Argued March 7,1940;
    decided April 9, 1940.

      Herman B. Goodstein, George Jacobs and George F. Brennan for appellant.

      John Caldwell Myers, JohnF. Keating and John M. Whelan for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Hudson River Country Club, Inc., Appellant, v. City of Yonkers et al., Respondents.
    Argued March 7, 1940;
    decided April 9, 1940.

      Paul L. Bleakley for appellant.

      Leonard G. McAneny, Corporation Counsel (Morris L. Rosenwasser of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    John O’Master, Respondent, v. New York City Omnibus Corporation, Appellant.
    Argued March 7, 1940;
    decided April 9, 1940.

      Henry J. Smith and Joseph L. Zelaskow for appellant.

      Edward A. Shandell and Desmond T. Barry for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Herbert E. Moer, Appellant, v. Lawyers Trust Company et al., Respondents and Appellants, and Louis Jacoby et al., Respondents.
    Argued March 7, 1940;
    decided April 9, 1940.

      Leo Guzik and Eugene L. Jabush for plaintiff, appellant.

      Stewart Maurice, Jacob Neuthaler, Bernard Fliashnick and Philip Fliashnick for respondents.
   Judgment affirmed, with costs to Lawyers Trust Company; no opinion.

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


text:
    Catherine M. Morrison et al., Appellants, v. New York Rapid Transit Corporation, Respondent.
    Argued March 7, 1940;
    decided April 9, 1940.

      Sidney J. Feltenstein and Joseph J. Stern for appellants.

      Andrew F. Van Thun, Jr., and W. Harry Sefton for respondent.
   Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that a question of fact was presented by the evidence. No opinion.

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


text:
    Concetta Zoda et al., Respondents, v. National City Bank of New York, as Substituted Trustee under the Will of Richard Ficken, Deceased, Appellant.
    Submitted March 8, 1940;
    decided April 9, 1940.

      Walter L. Glenney and Chauncey L. Grant for appellant.

      Max Sale for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Lucy M. B. Benson, as Committee of Margaret J. Benson, an Incompetent Person, Appellant, v. Nellie Carroll et al., Respondents.
    Argued March 8, 1940;
    decided April 9, 1940.

      Rollin B. Sanford for appellant.

      P. C. Dugan and Earl Barkhuff for respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Kesbec, Inc., Appellant.
    Submitted April 8, 1940;
    decided April 10, 1940.
   Motion to amend remittitur granted by adding thereto the following:

A question under the Federal Constitution was presented and necessarily passed upon. The appellant contended that the provisions of article II, section 4 (a) (15) of the Building Zone Resolution of the City of New York as applied to the appellant herein are repugnant to the due process clause of the Fourteenth Amendment of the Constitution of the United States. This Court held that said Building Zone Resolution, as applied to the appellant herein, is not repugnant to the due process clause of the Fourteenth Amendment of the Constitution of the United States.” (See 281 N. Y. 785.)


text:
    The People of the State of New York, Respondent, v. Emma Fitch, Appellant.
    Submitted March 15, 1940;
    decided April 16, 1940.

      Nathan Gordon for appellant.

      Thomas E. Dewey, District Attorney (Burr F. Coleman of counsel), for respondent.
   Judgment affirmed ; no opinion.

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


text:
    John Bailer, Respondent, v. Euphemia Ringe et al., Appellants.
    Argued March 15, 1940;
    decided April 16, 1940.

      Milton A. Sadolsky and George Goodstein for appellants.

      Frederick B. Merkle for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Edward M. F. Conway, Respondent, against John J. McElligott, as Fire Chief and Commissioner of the Fire Department of the City of New York, Appellant.
    Argued March 15, 1940;
    decided April 16, 1940.

      William C. Chanler, Corporation Counsel (Jeremiah M. Evarts and Paxton Blair of counsel), for appellant.

      Reginald Field for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Anglo-American Equities Corporation et al., Appellants, v. E. H. Rollins & Sons, Incorporated, et al., Respondents.
    Argued March 15, 1940;
    decided April 16, 1940.

      Reginald Field, J. Sterling Halstead and William J. Bowe, Jr., for appellants.

      Daniel F. Cohalan, Jr., for Franklin T. Birdsall et al., amici curiæ.

      Ralph P. Buell, William H. Hall and John F. Kiernan for respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    City of Yonkers, Appellant, v. Yonkers Railroad Company, Respondent.
    Argued March 14, 1940;
    decided April 16, 1940.

      Leonard G. McAneny, Corporation Counsel (William A-Walsh of counsel), for appellant.

      Alfred T. Davison and Addison B. Scoville for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Happiness Candy Stores, Inc., Appellant, against James J. Sexton et al., Constituting the Board of Taxes and Assessments of the City of New York, Respondents. (Taxes of 1932 and 1933.) The People of the State of New York ex rel. Happiness Candy Stores, Inc., Appellant, against William S. Miller et al., Constituting the Board of Taxes and Assessments of the City of New York, Respondents. (Taxes of 1934.)
    Argued March 14, 1940;
    decided April 16, 1940.

      Leon Brof for appellant.

      William C. Chanler, Corporation Counsel (Hyman W. Kehl and Arthur A. Segall of counsel), for respondents.
   In each proceeding: Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Construction of the Will of Fritz G. Schmidt, Deceased. Anna D. Schmidt, Appellant; Helen S. Davidson, Individually and as Executrix of Fritz G. Schmidt, Deceased, et al., Respondents.
    Argued March 14, 1940;
    decided April 16, 1940.

      J. C. Thomson for appellant.

      J. W. Edwards for Helen S. Davidson et al., as executors, respondents.

      Walter W. Land and Robert Brosnan for Helen S. Davidson, individually, respondent.

      Richard H. Levet, Arthur D. Brennan and Earle P. Hite for Marie-Elizabeth Byrom et al., respondents.
   Order affirmed, with costs to all parties filing briefs payable out of the estate. No opinion.

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


text:
    Manufacturers Trust Company, as Trustee, Respondent, v. Chase National Bank of the City of New York, as Executor and Trustee under the Will of Herman Simon, Deceased, Appellant, and Malvin Lichter, as Administrator of the Estate of Constance Lichter, Deceased, Respondent.
    Argued March 12, 1940;
    decided April 16, 1940.

      William Roth, George D. Zahm, and Milton Cooper for appellant.

      Edward B. Schulkind and Irving M. Maron for plaintiff, respondent.

      Thomas A. Ryan and Daniel G. Tenney, Jr., for defendant, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Jack Cedar, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted March. 12, 1940;
    decided April 16, 1940.

      Henry A. Lowenberg for appellant.

      John J. Bennett, Jr., Attorney-General (Edward T. Boyle and Patrick H. Clune of counsel), for respondent.
   Appeal dismissed on the ground that no constitutional question is directly involved. No opinion.

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


text:
    Gladys Lowery, Appellant, v. Syracuse University, Respondent. Thomas J. Lowery, Appellant, v. Syracuse University, Respondent.
    Argued March 12, 1940;
    decided April 16, 1940.

      Richard P. Byrne for appellants.

      Robert E. Dineen for respondent.
   In each action: Judgment affirmed, with costs; no opinion. Concur: Lehman, Ch. J., Loughran, Finch, Rippey, and Conway, JJ. Taking no part: Sears and Lewis, JJ.


text:
    In the Matter of the Application of The Corporation Counsel of the City of New York Relative to Appointment of Commissioners to Determine Damages to Property Owners Caused by the Closing of Old Third Avenue in the Borough of The Bronx. Joseph F. Fetyk, as Executor of Frank Noha, Deceased, et al., Appellants and Respondents; City of New York, Respondent and Appellant New York Savings Bank, Respondent.
    Argued March 11, 1940;
    decided April 16, 1940.

      Walter J. McNichols, Samuel Michelman and Morris I. Price for Bank of Manhattan Trust Company, as administrator with the will annexed of the estate of Helena Scheuermann, deceased, appellant and respondent.

      James F. Donnelly and Frederick W. Hottenroth for Joseph F. Fetyk, as executor of Frank Noha, deceased, et al., appellants and respondents.

      James F. Donnelly and Joseph T. Hanlon for Frank Hanlon et al., as executors of Charlotte R. Hanlon, deceased, appellants and respondents.

      Benjamin N. Brody for Madeline A. Reilly, as executrix of James Reilly, deceased, appellant and respondent.

      William C. Chanler, Corporation Counsel (Lewis Orgel, Julius Isaacs and Samuel K. Handel of counsel), for City of New York, respondent and appellant.

      John A. Dutton for New York Savings Bank, respondent.
   Appeal by claimants dismissed, without costs, on the ground that no constitutional question is involved. Upon appeal by the City of New York: Order affirmed, without costs. No opinion.

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


text:
    Vincent Cammarata et al., Appellants, v. Nassau Appliance Company et al., Respondents, Impleaded with Another.
    Submitted March 1, 1940;
    decided April 16, 1940.

      Edward H. Freiberger and Charles Wilson for appellants.

      Alexander Orr, Jr., Walter G. Evans and James F. Clarity for respondents.
   Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division upon the ground that the following questions of fact were presented for the jury, viz.: (1) Whether the nature of the work was such as to suggest or indicate to a reasonably prudent person that the automobile would be tested on the road by the mechanic or his servant in connection with the repairs; and (2) whether the automobile was being so used in a road test at the time of the accident. (Zuckerman v. Parton, 260 N. Y. 446.) No opinion.

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


text:
    In the Matter of the Construction of the Will of Henry C. Northrip, Deceased. Melvin H. Northrip et al., Appellants; Pierre A. Northrup et al., Respondents.
    Submitted March 1, 1940;
    decided April 16, 1940.

      George B. Overhiser for appellants.

      Arthur O. Maharay, Jr, for respondents,
   Order affirmed, with costs to all parties filing briefs payable out of the estate. No opinion.

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


text:
    In the Matter of Chester W. McNally, Appellant; Association of the Bar of the City of New York, Respondent.
    Argued February 28, 1940;
    decided April 16, 1940.

      Chester W. McNally, in person, appellant.

      Theodore Kiendl, Einar Chrystie and Warren S. Fogel for respondent.
   Order affirmed without prejudice to an application by the appellant to the Appellate Division for a hearing in the matter of his fitness to be reinstated in the profession. (Matter of Kaufmann, 245 N. Y. 423.) No opinion.

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


text:
    Morris H. Mann, Appellant, v. R. Simpson & Co., Inc., Respondent.
    Submitted April 8, 1940;
    decided April 16, 1940.

      Michael Rechler, Joseph J. Zeiger and Ephraim Berliner for motion.

      Daniel Levy opposed.
   Motion denied.


text:
    Daniel McCarthy et al., Respondents, v. Thomas Pieret, Defendant, and Michael Jackman, as Administrator of the Estate of Catherine McC. Jackman, Deceased, Appellant.
    Submitted April 8, 1940;
    decided April 16, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 281 N. Y. 407.)


text:
    Alfred J. Callahan, as Trustee, Appellant and Respondent, v. Imperial Theatre Corporation et al., Defendants, and Harry K. Kellar, as Receiver, Respondent and Appellant.
    Submitted April 8, 1940;
    decided April 16, 1940.
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 644.)


text:
    Mary F. Buchanan, Appellant, v. William H. Buchanan, Respondent.
    Submitted April 8, 1940;
    decided April 16, 1940.

      Robert S. Mullen for motion.

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


text:
    Catherine Vennard, as Administratrix of the Estate of Patrick Gormley, Deceased, Appellant, v. Albany Savings Bank, Respondent, Impleaded with Another.
    Submitted April 8, 1940;
    decided April 16, 1940.
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 718.)


text:
    Lewis Frey, Appellant, v. Equitable Life Assurance Society of the United States, Respondent.
    Submitted April 8, 1940;
    decided April 16, 1940.

      William C. Cannon for motion.

      Borris M. Komar opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Frantiska Hermes, Individually and as Administratrix of the Estate of Anton Hermes, Deceased, et al., Respondents, v. Title Guarantee and Trust Company, Appellant.
    Submitted April 8, 1940;
    decided April 16, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 88.) •


text:
    Mary E. Roberts, Plaintiff, v. First National Bank of Jamestown et al., Defendants; Ernest Cawcroft, Appellant, and Roy G. Roberts, Individually and as General Guardian of the Property of Mary E. Roberts, et al., Respondents.
    Submitted April 8, 1940;
    decided April 16, 1940.

      Clarence G. Pickard for motion.

      Ernest Cawcroft, in person, opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Isidore Weinfeld, Appellant, v. Samuel Kaplan et al., Respondents, Impleaded with Others.
    Submitted April 8, 1940;
    decided April 16, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 348.)


text:
    May’s Furs & Ready-to-Wear, Inc., et al., Respondents, v. Aaron Bauer, as President of Retail Women’s Apparel Salespeople’s Union, Local 1125, Appellant.
    Submitted April 8, 1940;
    decided April 16, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 331.)


text:
    In the Matter of the Estate of Edward W. Browning, Deceased. Title Guarantee and Trust Company, as Executor of Edward W. Browning, Deceased, Appellant. Alex P. Watts et al., Respondents.
    Submitted April 8, 1940;
    decided April 16, 1940.

      Benjamin Esberg for motion.

      William T. Griffin opposed.
   Motion granted and appeal dismissed, with costs and ten dollars cost of motion, on the ground the order is not final.


text:
    James F. Egan, as Administrator de Bonis Non of the Estate of Toby Becker, Appellant, v. Thomas E. Murray, Jr., as Receiver of the Interborough Rapid Transit Company, Respondent.
    Submitted April 8, 1940;
    decided April 16, 1940.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 282 N. Y. 664.)