text:
    In the Matter of the Construction of the Will of Helen S. Everson, Deceased. John J. Everson et al., Appellants; First Trust & Deposit Company as Executor and Trustee under the Will of Helen S. Everson, Deceased, Respondent.
    Argued October 22, 1945;
    decided November 29, 1945.

      Victor Levine and Norman M. Vinsky for Jessie B. Bennett, appellant.

      John Carroll Young for John J. Everson, appellant.

      John H. Farnham and Donald V. Carr for Olive B. Bailey, appellant.

      H. Duane Bruce for respondent.

      Nathaniel L. Goldstein, Attorney-General (A. W. Feinberg, Orrin G. Judd and Thomas Burke of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.
   Order of the Appellate Division affirming decree of Surrogate’s Court, affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate.

Appeal from order denying application for inclusion in the record of the proceedings upon the probate of the will of Charles Everson dismissed without costs upon the ground that that order does not finally determine any matter within the meaning of the Constitution.

Concur: Lottghban, Ch. J., Conway, Desmond, Teacher and Dye, JJ. Taking no part: Lewis and Medalie, JJ.


source: Caselaw Access Project

license: Public Domain

text:
    National Bank of Far Rockaway, Appellant, v. City of New York et al., Defendants, and Grinnell Company, Inc., Respondent.
    Argued October 24, 1945;
    decided November 29, 1945.

      Carl E. Peterson for appellant.

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

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


text:
    Sara Weisman, as Guardian ad Litem of Shirley Weisman, an Infant, et al., Respondents, v. Camp Beecher, Inc., Appellant.
    Submitted October 9, 1945;
    decided November 29, 1945.

      Clarence S. Zipp, Paul D. Carrigg and Daniel Miner for appellant.

      Samuel Weisman and Parry Goodman for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Taking no part: Medalie, J.


text:
    Wesley Bintz, Appellant, v. City of Hornell, Respondent.
    Argued October 11, 1945;
    decided November 29, 1945.

      W. Earle Costello for appellant.

      Albert E. Hollis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lottghban, Ch. J., Lewis, Conway, Desmond, Thaoher and Dye, JJ. Taking no part: Medalie, J.


text:
    The People of the State of New York, Respondent, v. Orlando Paone and Frank Muoio, Appellants.
    Submitted October 23, 1945;
    decided November 29, 1945.

      Merwin Morehouse and Anthony 8. Picciotti for appellants.

      Daniel J. O’Mara, District Attorney (Stephen K. Pollard of counsel), for respondent.
   As to defendant Paone: Judgment affirmed. As to defendant Muoio: Judgments reversed and indictment dismissed upon the ground that the evidence was insufficient, as matter of law, to prove his guilt beyond a reasonable doubt. No opinion.

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


text:
    Ettie Kammerman et al., Respondents, v. 170 St. Pharmacy, Inc., Appellant, et al., Defendants.
    Argued October 24, 1945;
    decided November 29, 1945.

      William, L. Shumate for appellant.

      Victor Deutsch for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Oh. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Taking no part: Medalie, J.


text:
    The People of the State of New York, Plaintiff, v. Smith, Frizzelle & Co., Inc., Defendant. James J. Geraghty, as Receiver, Appellant; Frieda Rothenberg et al., Respondents.
    Submitted October 1, 1945;
    decided November 29, 1945,

      Hyman Frank for motion.
    No one opposed.
   Motion denied, with leave to renew upon the argument.


text:
    Ignaci Jakuboski, Appellant, v. Matson Navigation Co., et al., Respondents. Ignaci Jakuboski, Respondent, v. Matson Navigation Co., et al., Appellants.
    Submitted November 19, 1945;
    decided November 29, 1945.

      George J. Conway and George A. Garvey for motion.

      Murray M. Gowen and J. Kolsin Grossman opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that neither of the orders finally determines the actions within the meaning of the Constitution.


text:
    Marion Wischnie, as Administratrix of the Estate of Alex Wischnie, Deceased, Plaintiff, v. Martin Dorsch et al., Copartners under the Firm Name of Armor Elevator Company, et al., Defendants; Brookman Realty Corporation, Defendant-Appellant, and Premier Linen Supply & Laundry Service, Inc., Impleaded Defendant-Respondent.
    Submitted November 19, 1945;
    decided November 29, 1945.

      Harry Schechter for motion.

      Clarence E. Mellen opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, but without prejudice to the right of the appellant to appeal from a judgment entered upon the order of the Appellate Division.


text:
    John W. Becker, Respondent, v. New Penn Development Corporation, Appellant. (Action No. 2)
    Submitted November 19, 1945;
    decided November 29, 1945.

      W. Earle Costello for motion.

      A. J. Rodenbeck and George A. King opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Ivy Friedman, an Infant, by Mildred Friedman, Her Guardian ad Litem, Appellant, v. Earl Kyle et al., Respondents.
    Submitted November 19, 1945;
    decided November 29, 1945.

      Eric P. Smith for motion.

      Jonas P. Belin opposed.
   Motion denied, with $10 costs.


text:
    James H. Johnson, Appellant, v. State of New York, Respondent.
    Submitted November 19, 1945;
    decided November 29, 1945.

      James E. Johnson, in person, for motion.
    No one opposed.
   Motion denied.


text:
    Lawrence Mnich, Appellant, v. American Radiator Company, Respondent.
    Submitted November 19, 1945;
    decided November 29, 1945.

      Emil L. Cohen and George E. Phillies for motion.
    No one opposed.
   Motion denied, without costs, and without prejudice to a renewal thereof upon proof of the facts specified in section 199 of the Civil Practice Act. (See Siegelbaum v. Dowling, 279 N. Y. 22.)


text:
    In the Matter of Arnold A. Hutschnecker, Appellant, against The Board of Regents of the University of the State of New York, Respondent.
    Submitted November 19, 1945;
    decided November 29, 1945.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 295 N. Y. 558.]


text:
    Leon Hand, Suing as a Stockholder of Admiration Laundry, Inc., Respondent, v. Emanuel Hand et al., Appellants, et al., Defendants.
    Submitted November 19, 1945;
    decided November 29, 1945.

      Irving L. Rollins and Marc Hermelin for motion.

      Albert Adams opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the order does not finally determine any issues in the action within the meaning of the Constitution.


text:
    In the Matter of Rubel Corporation, Respondent. James D. McGann, as Director of Franchises of the Board of Estimate of the City of New York, Appellant.
    Argued November 19, 1945;
    decided December 6, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Francis J, Bloustein of counsel), for appellant.

      Herman Horoivits and Michael A. Casialdi for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Morris Plan Industrial Bank of New York, Respondent, v. George F. Gunning, Defendant. Pennsylvania Railroad Company, Third Party, Appellant.
    Argued November 19, 1945;
    decided December 6, 1945.

      Eugene Underwood and Herbert M. Lord for appellant.

      Rutger Bleeeker Miller, amicus curios, in support of appellant’s position.

      John J. Dwyer and Harold H. Kissam for respondent.
   The order appealed from does not finally determine a special proceeding within the meaning of the Constitution. Appeal dismissed, without costs, unless the appellant applies to the Appellate Division within thirty days for resettlement of the order granting leave to appeal, and for the certification of a question or questions in accordance with Civil Practice Act, section 589, subdivision 3, paragraph (b), and unless thereafter such application is granted. No opinion.

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


text:
    Ford Mickle, Appellant, v. Harder Silo Company, Inc., Respondent.
    Argued November 20, 1945;
    decided December 6, 1945.

      William II. Lynes for appellant.

      8. J. Mauhs for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ida Marco, as Ancillary Administratrix of the Estate of Harry Marco, Deceased, a Stockholder in the Blue Ridge Corporation, on Behalf of Himself and All Other Stockholders Similarly Situated and on Behalf of Said Blue Ridge Corporation, Appellant, v. Arthur Sachs et al., Defendants; Harrison Williams et al., Respondents, and Blue Ridge Corporation, Appellant.
    Argued November 19, 1945;
    decided December 6, 1945.

      David M. Palley, Morris Gottlieb and Max Tachia for plaintiff-appellant.

      Isidor J. Kresel and Wm. Peyton Marin for defendant Blue Ridge Corporation, appellant.

      William Piel, Jr., Emery H. Syhes and Henry N. Ess, III, for respondents.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Taking no part: Medalie, J.


text:
    William F. Allmendinger, Appellant, v. City of New York, Respondent.
    Argued November 26, 1945;
    decided December 6, 1945.

      Saul I. Radin for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (William S. Lebwohl of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lougheah, Ch. J., Lewis, Conway, Desmond, Thaoheb and Dye, J J. Taking no part: Medalie, J.


text:
    The People of the State of New York ex rel. Dunwoodie Golf Club Land Company, Inc., Appellant, against Arthur J. McGregor et al., Constituting the Board of Review of the City of Yonkers, et al., Respondents. (2 Proceedings.) The People of the State of New York ex rel. Dunwoodie Golf Club Land Company, Inc., Appellant, against Timothy Murray et al., Constituting the Board of Review of the City of Yonkers, et al., Respondents.
    Argued November 19, 1945;
    decided December 6, 1945.

      Newton Millham for appellant.

      John J. Broderick, Corporation Counsel, for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Ernestine Lee, Appellant, against The Board of Education of the City of New York, Respondent.
    Argued November 26, 1945;
    decided December 6, 1945.

      A. Mark Levien for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Nicholas Bucci and James Hall Prothero of counsel), for respondent.
   Order affirmed, with costs; no opinion. [See 295 N. Y. 825.]

Concur: Lewis, Conway, Thacher and Dye, JJ. Loughran, Ch. J., and Desmond, J., dissent and vote to grant the petition of the appellant. Taking no part: Medalie, J.


text:
    The People of the State of New York ex rel. Beacon Hotel Corporation, Respondent, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Appellants.
    Argued November 21, 1945;
    decided December 6, 1945.

      Ignatius M. Wilkinson, Corporation Counsel {Philip A. Paul-son, Leo Brown and Richard, L. Baltimore, Jr., of counsel), for appellants.

      Abraham J. IIalprin, Sidney Harris and Isidore Sohn for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thaoher and Dye, JJ. Taking no part: Medalie, J.


text:
    In the Matter of the City of New York, Appellant, Relative to the Closing and Discontinuance of a Portion of 12th Avenue from West 55th Street to West 57th Street, in the Borough of Manhattan. Edgar T. Appleby et al., Respondents. In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the Widening of East River Drive between Designated Streets in the Borough of Manhattan. George W. Cornell, as Administrator, with the Will Annexed, of the Estate of William H. Schmohl, deceased, as Assignee, Respondent.
    Argued June 12, 1945;
    reargument ordered December 6, 1945.

      Ignatius M. Willcinson, Corporation Counsel (Louis M. Weintraub, Julius Isaacs, Leo Brown and Samuel K. Handel of counsel), for appellant in first above-entitled action.

      Edward B. Finch, Thomas F. Powers and Banton Moore for respondents in first above-entitled action.

      C. Elmer Spedich for Title Guarantee and Trust Company, amicus curiae, in support of respondents ’ position in first above-entitled action.

      Ignatius M. Wilhinson, Corporation Counsel (Louis M. Weintraub, Julius Issacs and Leo Brown of counsel), for appellant in second above-entitled action.

      C. Elmer Spedich for respondent in second above-entitled action.
   Reargument ordered. Cases set down for argument during January, 1946, session.


text:
    Isaac Altman, Respondent, v. Nathan Finkel et al., Appellants.
    Argued November 21, 1945;
    decided December 6, 1945.

      Abraham J. Halprin and Sidney B. Bossiter for appellants.

      Lmorence S. Greenbaum, Jonas J. Shapiro, Irving M. Engel and Monroe B. Lasere, amici curios, in support of appellants’ position.

      Samuel Komoroff and Forrest S. Chilton for respondent.
   Judgment affirmed, with costs; no opinion.

Concur; Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Taking no part: Medalie, J.


text:
    Richard H. Nappi, Appellant, and Harold F. Verona et al., Plaintiffs, v. Fiorello H. La Guardia, as Mayor of the City of New York, et al., Respondents.
    Argued November 26, 1945;
    decided December 6, 1945.

      Fred E. Hertan and J. Robert Bassin for appellant.

      Thomas F. Kiely and Richard G. Murphy for Association of Old Forest Hills, Inc., amicus curiae, in support of appellant’s position.

      Ignatius M. Wilkinson, Corporation Counsel (William S. Lebwohl of counsel), for City Planning Commission and others, respondents.

      Paul W. McQuillen and Howard T. Milman for Sylvania Electric Products, Inc., respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Taking no part: Thaoher and Medalie, JJ.


text:
    Charles Shankman, Appellant, v. City of New York, Respondent.
    Argued February 26, 1945; reargued December 3, 1945;
    decided December 6, 1945.,

      David G. Broderick and Charles S. Vaccaro for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Samuel A. Bloom and Joseph F. Mulqueen, Jr., of counsel), for respondent.
   Judgments reversed and a new trial granted with costs to the appellant to abide the event upon the ground that there was a question of fact as to the defendant’s negligence which should have been submitted to the jury. No opinion.

Concur: Lottghban,. Ch. J., Conway, Desmond and Close, JJ. Dissenting: Lewis and Dye, JJ. Taking no part: Medalie, J.

       Designated pursuant to section 5 of article VI of the State Constitution in place of Thacher, J., disqualified.


text:
    The People of the State of New York, Respondent, v. Oliver Little, Appellant.
    Argued October 24, 1945;
    decided December 6, 1945.

      Edward H. Levine and Abraham J. Gellinoff for appellant.

      Frank 8. Hogan, District Attorney (Whitman Knapp and Richard G. Denser of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thaoher and Dye, JJ. Taking no part: Medalie, J.


text:
    In the Matter of Samuel Weinrib, Appellant, against David W. Beier, as Secretary of the State Board of Dental Examiners, et al., Respondents.
    Submitted November 19, 1945;
    decided December 6, 1945.
   Motion for reargument of motion for leave to appeal and for a stay denied. [See 294 N. Y. 628.]


text:
    In the Matter of Rubel Corporation, Respondent. James D. McGann, as Director of Franchises of the Board of Estimate of the City of New York, Appellant.
    Argued November 19, 1945;
    decided December 6, 1945.

      Herman Horowitz and Michael A. Castaldi for motion.

      Ignatius M. Wilkinson, Corporation Counsel (Francis J. Bloustein of counsel), opposed.
   Motion denied.


text:
    In the Matter of Bertram L. Taylor, Respondent, against Board of Education of the City of New Rochelle, Appellant.
    Submitted November 26, 1945;
    decided December 6, 1945.

      Aaron Simmons, Corporation Counsel (John A. Bodmer of counsel), for motion.

      A. Mark Levien opposed.
   Motion denied, with $10 costs and necessary printing disbursements upon the ground that an appeal lies as of right.


text:
    Marie Russo, Respondent, v. Jennie Raso, as Administratrix of the Estate of John Russo, Appellant, et al., Defendants. (Two Actions.)
    Submitted November 26, 1945;
    decided December 6, 1945.

      Gasper J. Liota for motions to dismiss appeals and in opposition to cross motion.

      Joseph Lonar.do for cross motion and in opposition to respondent’s motions.
   Motions to dismiss appeals for lack of prosecution granted and appeals dismissed, with costs and $10 costs of motion, unless the appeals are perfected and appellant pays $10 costs within ten days, in which event the motions are denied.

Cross motion by appellant granted to the extent only that she be permitted to prosecute her appeal upon four copies of the Appellate Division record, adding thereto in typed form any additional papers to be used in this court, and in all other respects the cross motion is denied.


text:
    William Bradford, Appellant, v. Brooklyn Trust Company et al., Respondents.
    Submitted November 26, 1945;
    decided December 6, 1945.

      Jules Haberman for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellant serves and files the requisite undertaking on appeal and pays $10 costs within ten days, in which event the motion is denied.


text:
    Ode D. Jennings, Respondent, v. Philip Kastel, Appellant.
    Submitted November 26, 1945;
    decided December 6, 1945.

      Thomas Kiernan for motion.

      James J. Geraghty opposed.
   Motion granted and appeal dismissed, with costs, and $10 costs of motion.


text:
    The People of the State of New York, Plaintiff, against Michael Kilgallen, Defendant.
    Submitted November 26, 1945;
    decided December 6, 1945.

      Michael Kilgallen, in person, for motion.

      Charles P. Sullivan, District Attorney (James F. T. Delaney of counsel), opposed.
   Motion for leave to prosecute appeal as a poor person, etc., denied on the ground that no appeal by the defendant is pending in this court.


text:
    In the Matter of David E. Berg, Petitioner, against Harold W. Marsh et al., as Commissioners of the Municipal Civil Service Commission of the City of New York, Defendants.
    Submitted December 3, 1945;
    decided December 6, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Morris Shapiro of counsel), for motion.

      Samuel. W. Sherman opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    The People of the State of New York ex rel. George Small, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted December 3, 1945;
    decided December 6, 1945.

      George Small, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), opposed.
   Motion dismissed upon the ground that the Appellate Division order of November 14, 1945, is not appealable to this court.


text:
    Gabriel Nader, Respondent, v. Justine Lambert, Appellant.
    Submitted December 3, 1945;
    decided December 6, 1945.

      Arnold B. Ellcind and Gerald F. Finley for motion.
    No one opposed.
   Motion denied, without costs, upon the ground that rule 1 of the Rules of Practice of this court prescribes the remedy where the appeal is perfected, but the return is not filed.


text:
    In the Matter of New York State Labor Relations Board, Respondent, against Bethlehem Steel Corporation et al., Appellants.
    Submitted December 7, 1945;
    decided December 7, 1945.
   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 appellant contended that the question or controversy over which the State Labor Relations Board asserted jurisdiction is covered by the National Labor Relations Act and is within the exclusive jurisdiction of the National Labor Relations Board; and that the exclusive character of the jurisdiction of the Federal Government in such cases derives from the provisions of article I, section 8, and article VI, clause 2, of the Constitution of the United States. This court rejected that contention. Stay continued. [See 295 N. Y. 601.]


text:
    Joseph Stott, Appellant, v. Anna Hotaling et al., Respondents.
    Argued January 11, 1946;
    decided January 17, 1946.

      Newton B. Van Derzee for appellant.

      John J. Scully for respondents.
   Order affirmed and judgment absolute ordered on the stipulation against the appellant, unless appellant stipulate and be ready to try the issues herein involved at the next Trial Term of the Supreme Court held in and for the County of Albany, in which event the appeal may be withdrawn without costs. No opinion.

Concur; Loughran, Oh. J., Lewis, Conway, Desmond, Thacher, Dye and Med alie, JJ.


text:
    In the Matter of the General Assignment for the Benefit of Creditors of Adolph Vietor, Doing Business as Fred’k Probst & Company, Assignor, to William C. Ruth, as Substituted Assignee, Appellant. Ernest G. Vietor, Appellant; Marie-Louise Stursberg, as Executrix of Adolph Vietor, Deceased, Respondent.
    Argued November 28, 1945;
    decided January 17, 1946.

      Godfrey Goldmark for William O. Ruth, as substituted assignee, appellant.

      Warren-W. Cunningham and Haig H. Davidian for Ernest G. Vietor, appellant.

      Peter H. Kaminer, G. Herbert Bernier, Gwendolyn W. Pickett • and Herbert L. Sultan for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Med alie, JJ.


text:
    Walter F. Wilson, Appellant, v. Edwin I. Harrington, Respondent.
    Submitted November 29, 1945;
    decided January 17, 1946.

      Benedict 8. Rosenfeld and Albert Jakobson for appellant.

      E. F. Sweeney, F. G. Mann and Herbert F. Hastings, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thaoher and Dye, JJ. Taking no part: Medalie, J.


text:
    Sverre Kristiansen, Appellant, v. Wagner’s Steel Erectors, Inc., Respondent, et al., Defendants.
    Argued November 20, 1945;
    decided January 17, 1946.

      J. S. Carter, Morgan Bisselle and Joseph A. McLaughlin for appellant.

      William Both, Charles Eno, William P. Cotter, George D. Zahm and Clarence B. Tippett for respondent.
   Judgments reversed and a new trial granted with costs to the appellant to abide the event. We find in the record evidence which presented questions of fact for the jury, (1) whether plaintiff’s injuries were the result of the negligence by McDonald the crane operator, and (2) whether when plaintiff’s injuries were sustained, McDonald was the servant of the defendant Wagner’s Steel Erectors, Inc. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Charles Obrietes, Appellant.
    Argued November 27, 1945;
    decided January 17, 1946.

      David F. Price for appellant.

      George J. Beldock, District Attorney (William I. Siegel of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of the Claim of Samuel Eckstein, Respondent, against Loew’s, Inc., et al., Appellants. State Industrial Board et al., Respondents.
    Argued October 4, 1945;
    decided January 17, 1946.

      Harold J. Hinman and Jeremiah F. Connor for appellants.

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

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medame, JJ.


text:
    Pearl Assurance Company, Ltd., Appellant, v. Philip Epstein et al., Respondents.
    Argued November 27, 1945;
    decided January 17, 1946.

      Stanley Garten for appellant.

      Albert Martin Cohen for Philip Epstein, respondent.

      Harry K. Nadell for Bessie Epstein, as administratrix of the estate of Julius Epstein, deceased, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughean, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Sosnow, Kranz & Simcoe, Inc., et al., Respondents, and Alliance Assurance Company, Ltd. of London, Plaintiff, v. Storatti Corporation et al., Appellants.
    Argued November 27, 1945;
    decided January 17, 1946.

      Lewis F. X. Cotignola, Thomas M. Russell and George Nalanson for appellants.

      John if. Aherne and James M. Hughes for respondents.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Rudolph Wurlitzer Co., Respondent, v. Return Loads Bureau, Inc., Appellant.
    Argued November 27, 1945;
    decided January 17, 1946.

      Henry H:Shepard for appellant.

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

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb,' Dye and Medalie, JJ.


text:
    The People of the State of New York ex rel. Irving Trust Company, Respondent, v. William W. Mills et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants.
    Argued November 26, 1945;
    decided January 17, 1946.

      Ignatius M. Wilkinson, Corporation Counsel (Richard L.

      Baltimore, Jr., and Leo Brown of cotinsel), for appellants. William A. Onderdonh and Stephen G. Kent for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoheb, Dye and Medalie, JJ.


text:
    Margaret Emmons, as Limited Administratrix of the Estate of Stephen Emmons, Deceased, Respondent, v. Isidore Hirschberger et al., Copartners under the Name of Market Trucking Company, Defendants. David Hirschberger, Individually, et al., Appellants.
    Argued November 28, 1945;
    decided January 17, 1946.

      Samuel E. Swiggett for David Hirschberger and others, appellants.

      Dan Gordon Judge and Leonard Wolfram for respondent. v
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Medalie, JJ.


text:
    Guthrie McClintic, Appellant and Respondent, v. Edward Sheldon, Respondent and Appellant, et al., Defendants.
    Argued November 27, 1945;
    decided January 17, 1946.

      Louis Niger and Walter 8. Beclc for plaintiff-appellant and respondent.

      Arthur F. Driscoll and Milton M. B'osenbloom for defendant-respondent and appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Medalie, JJ.


text:
    In the Matter of New York State Labor Relations Board, Respondent, against Select Operating Corporation, Appellant.
    Submitted November 29, 1945;
    decided January 17, 1946.

      Milton R. Weir, William Klein and Adolph Lund for appellant.

      William E. Grady, Jr., Philip Feldhlum and Oscar Forster for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Thacher and Dye, JJ. Taking no part: Conwat and Medalie, JJ.


text:
    The People of the State of New York ex rel. Clarence Whitehead, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted November 19, 1945;
    decided January 17, 1946.

      Clarence Whitehead, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Merman N. Ear-court of counsel), opposed.
   Motion dismissed on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    H. Orville Warner, Appellant, v. Syracuse Supply Co., Inc., Respondent.
    Submitted January 7, 1946;
    decided January 17, 1946.

      Ira E. Morris for motion.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    825 Fifth Avenue Corporation, Respondent, v. James F. Egan, Public Administrator of New York County, as Administrator of the Estate of Esther S. Miller, Deceased, Defendant, and Plainfield Hotel Corporation et al., Appellants.
    Submitted January 7, 1946;
    decided January 17, 1946.

      Alfred Satz, James P. Kohler and James P. Kohler, Jr., for motion.

      Albert A. Raphael opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Laura B. Gregory et al., Respondents, v. Walter A. Jacobs et al., Appellants, et al., Defendants.
    Submitted January 7, 1946;
    decided January 17, 1946.

      Harry 8. Travis for motion.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York ex rel. Lionel Loye, Relator, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted January 7, 1946;
    decided January 17, 1946.

      Lionel Loye, in person, for motion.
    No one opposed.
   Motion dismissed on the ground that this court has no jurisdiction to review any decision heretofore made in this case by the Appellate Division, since neither the order of November 13,1945, nor the order of November 20,1945, finally determined the proceeding.


text:
    Robert W. Young, Respondent, v. Village of Potsdam, Appellant, et al., Defendants.
    Submitted January 7, 1946;
    decided January 17, 1946.

      Allan L. Gurley for motion.

      Charles D. Campbell opposed.
   Motion dismissed, with $10 costs' and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Max Shamos, Appellant.
    Submitted January 7, 1946;
    decided January 17, 1946.
   Motion by appellant to amend remittitur denied. [See 294 N. Y. 948.]


text:
    County of Erie, Appellant, v. Continental Casualty Company Respondent.
    Submitted January 14, 1946;
    decided January 17, 1946.

      Frank Gibbons for motion.

      Edward D. Siemer opposed.
   Motion denied. Appellant directed to file brief, if any, within two weeks from service of the order hereon. Case set down for argument during first week of next session.


text:
    Jennie Q. Pratt et al., Respondents, v. Village of Seneca Falls, Appellant, et al., Defendants.
    Argued November 29, 1945;
    decided January 18, 1946.

      Harold J. Hmman and Joseph J. Doyle for appellant.

      Hampton H. Halsey for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    In the Matter of the Claim of Loni Mendelsohn, Claimant. Frieda S. Miller, as Industrial Commissioner, Appellant; Doctors Hospital, Inc., Respondent.
    Argued December 3, 1945;
    decided January 18, 1946.

      Nathaniel L. Goldstein, Attorney-General (Francis B. Curran, Orrin G. Judd and Otto W. G. Marquard of counsel), for appellant.

      John G. Saxe, Eli Whitney Dehevoise and Edward D. Burns for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Probate of the Will of Henry Altmayer, Deceased. Beatrice A. Rodney, Appellant; Emil H. Wasserberger et al., Respondents.
    Argued December 4, 1945;
    decided January 18, 1946.

      James N. Vaughan and George Feinberg for appellant.

      Lawrence 8. Timen and Edtoin B. Wolchoh for proponent, respondent.

      Donald T. Mullane for special guardian, respondent.
   Order of Appellate Division reversed and decree of Surrogate’s Court affirmed, with costs, in this court and in the Appellate Division, upon the ground that the findings of the Surrogate are in accordance with the weight of the evidence. No opinion. [See 295 N. Y. 894.]

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Medalie, JJ.


text:
    In the Matter of the Claim of Owen Murnin, Respondent, against Edward Berry, Employer, and The State Insurance Fund, Appellant. Workmen’s Compensation Board, Respondent.
    Submitted December 5, 1945;
    decided January 18, 1946.

      George J. Hayes and Bernard Kaizen for appellant.

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

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    In the Matter of Harry C. Stein, Respondent, against Edward Corsi, as Industrial Commissioner of the State of New York, Appellant.
    Argued December 6, 1945;
    decided January 18, 1946.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Irving Galt and John P. Powers of counsel), for appellant.

      Sydney A. Syme for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Henri Plessner, Respondent, v. Continental Casualty Company, Appellant.
    Argued December 4, 1945;
    decided January 18, 1946.

      Borris M. Komar for appellant.

      Herman S. Axelrod for respondent.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

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


text:
    In the Matter of The Walthaw Corporation, Respondent. President of the Borough of Manhattan et al., Appellants.
    Argued December 5, 1945;
    decided January 18, 1946.

      Ignatius M. Wilkinson, Corporation Counsel (Aaron B. Coleman and James Hall Prothero of counsel), for appellants.

      Max E. Greenberg for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medaeie, JJ.


text:
    In the Matter of the Application of Ann Bruce, Respondent. Harold Atkins et al., Appellants.
    Argued December 6, 1945;
    decided January 18, 1946.

      Vincent Tese, William J. Cahill, Raymond Tese and Bernard J. McCoy for appellant.

      Abraham Streifer for respondents.
   Order affirmed, without costs; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    John M. Hartzberg et al, Copartners under the Firm Name and Style of J. & L. Hartzberg, Appellants, v. New York Central Railroad Company, Respondent.
    Argued December 3, 1945;
    decided January 18, 1946.

      Joseph M. Proskauer, J. Alvin Van Bergh, Charles Trynin and Renry R. Shepard for appellants.

      C. Austin White, Frank J. Mahony and Frederick L. Wheeler for respondent.
   Judgment affirmed, with costs. Upon this appeal, questions of the application and interpretation of the Interstate Commerce Act and the Carmack and Cummins Amendments thereto were presented and necessarily passed upon. The appellants contended: that the respondent’s liability in this cause was governed by the prevailing Michigan Law and not by the Interstate Commerce Act and such amendments and, further, that the attempted limitation of liability of the respondent was invalid and inapplicable under the Interstate Commerce Act, as amended, because no choice of rates was afforded to the appellants -and because no opportunity to declare value was accorded to appellants prior to checking.' The court held to the contrary. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    Moscow Fire Insurance Company et al, Respondents, v. Bank of New York and Trust Company, as Agent or Depositary of Moscow Fire Insurance Company, et al., Respondents, and Bertram A. Cater, Appellant. Samuel E. Morro et al., in Behalf of Themselves and All Other Stockholders of Moscow Fire Insurance Company, Respondents, v. Moscow Fire Insurance Company et al., Respondents. United States of America, Intervener.
    Argued December 4, 1945;
    decided January 18, 1946.

      Andrew Eckel and Samson Selig for appellant.

      Paul C. Whipp for Moscow Fire Insurance Company et al., respondents.

      Borris M. Komar for Samuel E. Morro et al., respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Elsie L. Godsman, Respondent, against Grumman Aircraft Engineering Corporation et al., Appellants. State Industrial Board et al., Respondents.
    Argued December 5, 1945;
    decided January 18, 1946.

      Charles P. Barre for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum, Orrin G. Judd and Lester D. Volk of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughbax, Ch. J., Lewis, Coxway, Desmoxd, Thacheb, Dye and Medalie, JJ.


text:
    In the Matter of the Claim of Samuel Shaw, Respondent, against Browers Garage, Inc., et al., Appellants. State Industrial Board, Respondent.
    Argued December 5, 1945;
    decided January 18, 1946.

      Irvin A. Snyder and Robert L. Flynn for appellants.

      Nathaniel L. Goldstein, Attorney-General {Roy Wiedersum, Orrin G. Judd and Lester D. Volh, of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    In the Matter of the Claim of Lucy Brooks, Respondent, against Elliott Bates, Inc., et al., Appellants. State Industrial Board, Respondent.
    Argued December 5, 1945;
    decided January 18, 1946.

      John J. Stewart and John P. Smith for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Emmeline E. Ferris of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lottghean, Ch. J., Lewis, Conway, Dye and Medalie, J J.; Desmond and Thachee, JJ., dissent upon the ground that (here is no evidence of any accidental injury.


text:
    Mallary, Inc., Individually and in Behalf of All Other Persons Similarly Situated, Appellant, v. City of New Rochelle, Respondent. (Action No. 2.)
    Argued November 29, 1945;
    decided January 18, 1946.

      Irving A. Rubin for appellant.

      Aaron Simmons, Corporation Counsel (John A. Bodmer of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond. Thacher, Dye and Medalie, JJ.


text:
    Anne P. Dascomb, Respondent, v. New York Trust Company et al., Individually and as Trustees under a Trust made by Almon C. Kellogg, Appelants, et al., Respondents.
    Argued December 3, 1945;
    decided January 18, 1946.

      Joseph M. Hartfield, Thomas Kiernan and James McCarron for New York Trust Company, individually and as trustee, defendant-appellant.

      Daniel A. Shirk and Milton A. Goldiner for Henry J. Beilman, as executor of William S. Butler, deceased, individually and as trustee, defendant-appellant.

      Irving D. Lipkowitz, William Hughes Lewis and Ambrose V. McCall for plaintiff-respondent.

      M. Perry Dawson and Victor D. Werner for Eleanor D. Grlavin, defendant-respondent.

      Seymour J. Wilner for Joseph Quittner, guardian ad litem for Grail F. Grlavin, an infant, and another, defendants-respondents.
   Judgment so far as appealed from affirmed, with costs; no opinion.

Concur: Loüghban, Ch. J., Conway, Desmond, Dye and Medalie, JJ.; Lewis, J., dissents from so much of the decision as sustains a surcharge of $13,500, upon the ground that in the circumstances disclosed by the record the remaindermen are estopped to complain of the purchase by the trustee of the second mortgage which is the basis for such surcharge; otherwise, concurs. Taldng no part: Thacher, J.


text:
    Alice Barker, Appellant, v. 131 Riverside Drive Corporation. Respondent.
    Argued December 4, 1945;
    decided January 18, 1946.

      Ralph Stout and Paul F. Biggins for appellant.

      Olin S. Nye, Earl J. Nettleton and Reginald V. Spell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Peter C. Beck, Appellant, v. Board of Education of the City of New York et al., Respondents.
    Argued December 6, 1945;
    decided January 18, 1946.

      Samuel D. Smoleff and Theodore Fred Kuper for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (W. Bernard Richland and Pauline K. Berger of counsel), for respondents.
   Judgment affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    Maria Voss, as Administratrix of the Estate of Charles Voss, Deceased, Respondent, v. Howard L. Snyder, Appellant.
    Argued November 29, 1945;
    decided January 18, 1946.

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

      Harold J. Tillou and Franh Pitterman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Dye and Medalie, JJ. Thacheb, J., dissents on the ground that there was no evidence of negligence on the part of defendant.


text:
    The People of the State of New York, Respondent, v. Jack Drucker, Appellant.
    Argued December 5, 1945;
    decided January 18, 1946.

      Abraham J. Gellinoff, Hyman Barshay and Moses L. Kove for appellant.

      Ben Newberg, District Attorney (William Dechelman of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lotjghran, Ch. J.; Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Roy Nilsen, an Infant, by Edwarda Nilsen, His Guardian ad Litem, Appellant, v. Long Island Railroad Company, Respondent.
    Argued December 6, 1945;
    decided January 18, 1946.

      Andrew F. Van Thun, Jr., John M. Wilson and Harry A. Spiegelman for appellant.

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

Concur: Loughran, Ch. J.; Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Robert M. Morgan et al., as Trustees of the Gratuity Fund, of the New York Produce Exchange et al., Respondents, v. Roy Andreae et al., Defendants, and John W. F. Neill, as a Copartner of Price, Waterhouse & Co., Appellant.
    Argued November 30, 1945;
    decided January 18, 1946.

      George S. Collins, Albert R. Connelly and Frank M. McGarry for appellant.

      Robert H. Spelman for respondents.
   Order affirmed, with costs, upon the ground that the plaintiffs, if not trustees of an express trust — a question we do not decide — are in any event persons with whom or in whose name ’ ’ the contract in suit was made for the benefit of another (Civ. Prac. Act, § 210). The second question certified .is answered in the affirmative. The first question certified is not answered. No opinion.

Concur: Loughban, ' Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Med alie, JJ.


text:
    Harold J. Ryan, Respondent, v. Dunbar & Sullivan Dredging Company, Appellant.
    Argued December 4, 1945;
    decided January 18, 1946.

      Arthur W. Agan for appellant.

      Leyden E. Brown for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, 'Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    Emilio Napolitano, as Substituted Committee of Angelina Santoro, an Incompetent Person, Respondent, v. Manhattan Savings Bank, as Successor of Citizens Savings Bank, Appellant, and Fidelity & Deposit Company of Maryland, Respondent.
    Argued December 4, 1945;
    decided January 18, 1946.

      G. DeWitt Rogers for appellant.

      William E. Robinson and Thomas E. White for defendant-respondent.

      Edward E. Bianco and Joseph A. Bambury for plaintiff-respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    In the Matter of Pavilion Natural Gas Company, Appellant, against Milo R. Maltbie et al., Individually and Constituting the Public Service Commission of the State of New York, et al., Respondents.
    Argued December 6, 1945;
    decided January 18, 1946.

      Charles G. Blakeslee for appellant.

      Philip Ealpern, Laurence J. Olmsted and George E. Kenny for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Medalie, JJ.


text:
    Irving Finkelstein, as Trustee in Bankruptcy of Louis Winokur, Appellant, v. City of New York, Respondent.
    Argued December 6, 1945;
    decided January 18, 1946.

      Martin B. Nadie, Barney Bosenstein and Leo E. Panzirer for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., and James Edil Protliero of counsel), for respondent.
   Judgment affirmed, Avith costs; no opinion.

Concur: Loughran, Ch. J., Leavis, Conway, Desmond, Thachbr, Dye and Medalie, JJ.


text:
    The People of the State of New York, Respondent, v. Charles M. La Placa, Appellant.
    Argued October 10, 1945;
    decided January 18, 1946.

      William L. Clay for appellant.

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

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    William Messer, Respondent, v. Jack Weiner Corporation, Appellant.
    Argued October 11, 1945;
    decided January 18, 1946.

      Jay Leo Rothschild and Louis Rivkin for appellant.

      Louis D. Frohlich, Herbert P. Jacoby, Julia Perles and Lawrence G. Gibbs for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughean, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Med alie, . JJ.


text:
    In the Matter of Olga Bolton, as Executrix of John Bolton, Deceased, Appellant. General Accident Fire and Life Assurance Corporation, Ltd., Respondent.
    Reargued October 24, 1945;
    decided January 18, 1946.

      Louis 0. Bergh and'Harry D. Tyler for appellant.

      William Dike Reed and Richards W. Hannah for respondent.
   Judgment affirmed, with costs. Fudickar v. Guardian Mutual Life Ins. Co. (62 N. Y. 392) is not applicable, since the record does not show that the arbitrators meant to decide according to the law of the State or that they meant to be bound by any statute or decision. No opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Thacher and Med alie, JJ. Dissenting: Conway and-Dye, JJ.


text:
    The People of the State of New York, Respondent, v. Patrick O’Rafferty, Appellant.
    Submitted January 14, 1946;
    decided January 18, 1946.

      Patrick 0’Rafferty, in person, for motion.

      Frank 8. Hogan, District Attorney (Whitman Knapp of counsel), opposed.
   Motion dismissed upon the ground that no appeal lies either to the Appellate Division or to the Court of Appeals from a determination upon a writ of error coram nobis made by the court which rendered the original judgment as no such appeal is provided for in the Code of Criminal Procedure. (People v. Gersewitz, 294 N. Y. 163.)


text:
    In the Matter of the Will of Theodore O. Hamlin, Deceased. American Bible Society et al., Appellants; Esther H. Covill, Respondent.
    Argued January 7, 1946;
    decided January 24, 1946.

      J. Sawyer Fitch and Hamilton G. Grisioold for appellants.

      Andrew L. Gilman for respondent.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaohee, Dye and Medalie, JJ.


text:
    Syracuse Grade Crossing Commission, Appellant and Respondent, v. M. A. Wellin Oil Company, Inc., et al., Respondents and Appellants.
    Argued January 7, 1946;
    decided January 24, 1946.

      Arthur M. Beach, John E. Walrath and Janies G. Tormey for plaintiff, appellant-respondent.

      Stewart F. Eancoch for defendants, respondents-appellants.
   Order affirmed, Avithout costs; no opinion.

Concur: Lotjghran, Ch. J., Leavis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Ivy Friedman, an infant, by Mildred Friedman, Her Guardian ad Litem, Appellant, v. Earl Kyle et al., Respondents.
    Argued January 7, 1946;
    decided January 24, 1946.

      Jonas P. Relin for appellant.

      Eric P. Smith for Earl Kyle, respondent.

      Luther Ira Webster for Gerald Watkins, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thachbr, Dye and Medalie, JJ.


text:
    In the Matter of the Liquidation of Lawyers Mortgage Company. Samuel Markowitz, Petitioner, Appellant. Wilhelmina Barasoh, as Administratrix of the Estate of Morris Barasch, Deceased, et al., Respondents.
    Argued January 7, 1946;
    decided January 24, 1946.

      Louis P. Goldberg and Frederick Shulman for appellant.

      Benjamin Harrotv and Jacob Kirschenbaum for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughbax, Ch. J., Lewis, Coxway, Desmoxd, Thacheb, Dye and Med alie, JJ.


text:
    Laura Gilcher, Respondent, v. McNulty Bros. Realty Co., Inc., Appellant, et al., Defendants.
    Argued January 7, 1946;
    decided January 24, 1946.

      William J. Tropp for appellant.

      Frank H. Connelly, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacheb and Medalie, JJ. Taking no part: Dye, J.


text:
    Dora Grossman, Respondent, v. Isaac Grossman, Appellant.
    Submitted January 7, 1946;
    decided January 24, 1946.

      Herman Soloway and Julius Soloway for appellant appearing specially.

      Arthur Just Hartley for respondent.
   ' Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    The People of the State of New York ex rel. Larchmont Manor Park Society, Respondent, against James M. Smith, as Assessor of the Town of Mamaroneck, et al., Appellants. The People of the State of New York ex rel. Larchmont Manor Park Society, Respondent, against Frank Barnes, Substituted in Place of Eugene C. Harding, Deceased, as Assessor of the Village of Larchmont, et al., Appellants.
    Submitted January 14, 1946;
    decided January 24, 1946.
   Motion by appellants for reargument denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 920.]


text:
    In the Matter of Donald E. Crimi, Petitioner.
    Submitted January 14, 1946;
    decided January 24, 1946.

      Donald E. Crimi, in person, for motion.
    No one opposed.
   Motion dismissed upon the ground that this court is without power to grant the application.


text:
    Florence Nelson, as Administratrix of the Estate of LeRoy Nelson, Deceased, Appellant, v. Central Greyhound Lines Inc., of New York et al., Respondents.
    Submitted January 14, 1946;
    decided January 24, 1946.

      Bartle Gorman for motion.
    No one opposed.
   Motion granted and appeal dismissed, unless within thirty days appellant moves for permission to prosecute her appeal as a poor person or files the required undertaking, and adds to the record a certified copy of the Appellate Division order and of the judgment entered thereon in which event the motion is denied.


text:
    The People of the State of New York, Respondent, v. Frank Westlake, Appellant.
    Submitted January 21, 1946;
    decided January 24, 1946.

      Frank Westlake, in person, for motion.
    No one opposed.
   Motion dismissed upon the ground that defendant’s case has not been determined by the Appellate Division.


text:
    In the Matter of the Claim of Ewald Schmidt, Respondent, against Wolf Contracting Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    Argued January 10, 1946;
    decided January 25, 1946.

      Charles M. Arale, Edward B. Finch and John 0. Wingrave for appellants.

      Nathaniel Ij. Goldstein, Attorney-General (Boy Wiedersum, Orrin G. Judd and Gilbert M. Landy of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loijghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    In the Matter of the Claim of George Knoob, Respondent, against Leon Neon Service Corp, et al., Appellants. State Industrial Board, Respondent.
    Argued January 10, 1946;
    decided January 25, 1946.

      Charles M. Arak, Edward R. Finch and John 0. Wingrave for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum,. Orrin G. Judd and Gilbert M. Landy of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Medalie, JJ.


text:
    In the Matter of the Claim of Albert Van Gorder, Respondent, against Binghamton State Hospital et al., Appellants. State Industrial Board, Respondent.
    Argued January 10, 1946;
    decided January 25, 1946.

      Charles M. Arab, Edward B. Finch and John 0. Wingrave for appellants.

      Stanley H. Fuld and Ludwig Mandel for State Insurance Fund, appellant.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum, Orrin G. Judd and Gilbert M. Landy of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with.costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Medalie, JJ.


text:
    In the Matter of the Claim of Walter A. Marowski, Respondent, against Socony-Vacuum Oil Co., Inc., Appellant. State Industrial Board, Respondent.
    Argued January 10, 1946;
    decided January 25, 1946.

      Charles M. Arak, Edward R. Finch and John 0. Wingrave for appellant.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum,

      Orrin G. Judd and Gilbert M. Landy of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    In the Matter of David Arroyo, Appellant, against Paul Moss, as Commissioner of Licenses of the City of New York, Respondent.
    Argued October 3, 1945;
    decided January 25, 1946.

      Jacob D. Fishman and Maurice M. Singer for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Richard L. Baltimore, Jr., and James Hall Prothero of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Thacher and Dye, JJ. Dissenting: Conway and Medalie, JJ.


text:
    In the Matter of Alexander Neshamkin, Appellant, against The Board of Regents of the University of the State of New York, Respondent.
    Argued January 8, 1946;
    decided March 7, 1946.

      Stanley Ide La Gov for appellant.

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

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Frances Panica, as Adminstratrix of the Estate of Lours Panica, Respondent, v. New York, New Haven and Hartford Railroad Company et al., Appellants.
    Argued January 9, 1946;
    decided March 7, 1946.

      Edward B. Brumley and Kenneth B. Morton for appellants.

      Samuel Seligsohn and Leo A. Sparer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Medalie, JJ.


text:
    The People of the State of New York ex rel. Hudson & Manhattan Railroad Company, Respondent, against James J. Sexton et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants.
    Argued January 11, 1946;
    decided March 7, 1946.

      Ignatius M. Wilkinson, Corporation Counsel (Edward Garfield and Leo Broivn of counsel), for appellants.

      Charles Lamb, Benjamin Menschel and Jacob Newman for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughean, Ch. J., Lewis, Conway, Desmond, Dyb and Medalie, JJ. Taking no part: Thachbb, J.


text:
    Union Mortgage Company, Appellant, v. Loft Candy Corporation, Respondent, et al., Defendants.
    Argued January 15, 1946;
    decided March 7, 1946.

      Milton B. Ignatius and Joseph S. Catalano for appellant.

      Benjamin D. Gold, Benjamin Pollach and Murray A. Gordon for respondent.
   Judgment affirmed, with costs; no opinion,

Concur: Loughb.au, Ch. J., Lewis, Conway, Desmond, Thachek, Dye and Medalie, JJ.


text:
    Alfred A. Haase et al., Appellants, v. Title Guarantee and Trust Company, as Trustee under an Indenture of Trust Made by Alfred A. Haase for the Benefit of May E. Haase et al., Respondent.
    Argued January 17, 1946;
    decided March 7, 1946.

      John 8. Chapman, Jr., and James Morrow for appellants.

      Joseph V. McKee and William T. Griffin for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ. "


text:
    The People of the State of New York, Respondent, v. Louis Leventhal, Appellant.
    Argued January 2Í, 1946;
    decided March 7, 1946.

      Jacob W. Friedman and Walter R. Hart for appellant.

      Miles F. McDonald, District Attorney {Solomon A. Klein of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lottghean, Cli. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Mbdalie; J., deceased.


text:
    Trade Accessories, Inc., Appellant, v. Robert Bellet et al., Respondents.
    Argued January 23, 1946;
    decided March 7, 1946.

      Edward Goodell for appellant.

      Elilm J. Zwilling for respondents.
   Appeal dismissed, with costs, upon the ground that the asserted constitutional question is not the only question involved on the appeal. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of the Accounting of Central Hanover Bank and Trust Company, as Substituted Trustee under the Will of Sidney S. Harris, Deceased. In the Matter of the Construction of the Will of Sidney S. Harris, Deceased. Kate B. Harris, as Executrix of Sidney Harris, Deceased, Appellant; Marie Joanna, as Superior General of the Religieuses de l’Assomption, et al., Respondents.
    Argued December 6, 1946;
    decided March 7, 1946.

      Edwin W. Cooney and Pauline Taylor for appellant.

      Joseph V: Lane, Jr., for Louise Vilain, respondent.

      John E. Cameron and Joseph P. Budden for Marie Joanna, respondent.
   Order affirmed, with costs payable out of the estate to all parties appearing separately and filing briefs. No opinion.

Concur: Lotjghban, Oh. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    Dottie Ward, as Administratrix de Bonis Non of Noah D. Palmitier, Deceased, Respondent, v. Newburgh Savings Bank, Appellant.
    Submitted January 14, 1946;
    decided March 7, 1946.

      J. Townsend Gassedy and George M. Northrop for appellant.

      N. LeVan Haver for respondent.
   Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that there was no evidence that the bank had notice that the withdrawal from the estate account was to be used for other than estate purposes. [See 295 N. Y. 890.]

Concur: Lotjghran, Ch. J., Lewis, Desmond, Thacher, Dye and Med alie, JJ. Taking no part: Conway, J.


text:
    The People of the State of New York, Respondent, v. Robert W. Barnes, Appellant.
    Argued January 16, 1946;
    decided March 7, 1946.

      Thomas L. Newton and Julian J. Evans for appellant.

      John 8. Marsh, District Attorney, for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Thacher, JJ. Dye, J., dissents and votes to order a new trial. Medalie, J., deceased.


text:
    H. Edgar Nead, Respondent, v. Nicola Di Leva et al., Appellants.
    Argued January 18, 1946 ;
    decided March- 7, 1946.

      Philip J. Girillo and Joseph A. Romano for appellants.

      John P. McNamee for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    The People of the State of New York, Respondent, v. Edward Verney, Appellant.
    Argued January 24, 1946;
    decided March 7, 1946.

      Henry Hirschberg for appellant.

      Stanley B. Johnson, District Attorney (Donald H. McCann of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of the Appointment of a Committee for the Person and Property of Henry Amdur, an Alleged Incompetent. Flora Amdur, Appellant; Samuel Amdur et ah, Respondents.
    Argued February 25, 1946;
    decided - March 7, 1946.

      Robert Seelav for appellant.

      Howard Simon and Sigmund Metz for respondents.
   Order affirmed, without costs. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thachee, Dye, JJ. Medalie, J., deceased.


text:
    Ruth Becker et al., Respondents, v. Manufacturers Trust Company, as Successor Trustee under the Will of Sarah L. Bennet, Deceased, Appellant.
    Argued December 4, 1945;
    decided March 7, 1946.

      Joseph Kane and George J. Stacy for appellant.

      Norman Kemper for respondents.
   Judgments reversed and a new trial granted, with costs to the appellant to abide the event, upon the ground that there was error in the charge of the trial court to the jury. (See Kirshenhaum v. General Outdoors Adv. Go., 258 N. Y. 489.)

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, jj.


text:
    The People of the State of New York, Respondent, v. Abraham Gold, Appellant.
    Argued January 8, 1946,
    decided March 7, 1946.

      John J. Fitzgerald and David L. Malbin for appellant. George J. Beldock, District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Technical Research Laboratories, Inc., et al., Respondents, v. Joseph Steigman, Appellant.
    Argued January 9,1946;
    decided March 7, 1946.

      Herbert D. Cohen and Kenneth Carroad for appellant.

      Milton Kail and Jack Klaw for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    Excelsior Insurance Company of New York, Respondent, v. State of New York, Appellant. Liverpool and London and Globe Insurance Company of Liverpool, England, Respondent, v. State of New York, Appellant. Anthony L. Wathley, Respondent, v. State of New York, Appellant.
    (Claim No. 25112.)
    (Claim No. 25113.)
    (Claim No. 25114.)
    Argued January 10, 1946;
    reargument ordered March 7, 1946.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Wendell P, Brown, Edward L. By an and John B. Davison of counsel), for appellant.

      John E. Mack for respondents.
   Reargument ordered.


text:
    Benjamin Scharfman, Respondent, v. Rose Ambrosino, Appellant.
    Argued January 23, 1946;
    decided March 7, 1946.

      John P. Carson and Reginald V. Spell for appellant.

      James I. Cuff, James I. McGuire and Milton Elias Schattman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Thacher, J., dissents upon the ground that there was no evidence of negligence of the defendant, nor of freedom of the plaintiff from contributory negligence. Medalie, J. deceased.


text:
    Marie Russo, Respondent, v. Jennie Raso, as Administratrix of the Estate of John Russo, Deceased, Appellant, et al., Defendants. Marie Russo, Respondent, v. Jennie Raso, Individually and as Administratrix of the Estate of John Russo, Deceased, Appellant, et al., Defendants.
    Argued January 24, 1946;
    decided March 7,1946.

      Joseph Lonardo for appellant.

      John E. Bleibírey and Gaspar J. Liota for respondent.
   Judgments affirmed, without costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, T hachee and Dye, JJ. Med ame, J., deceased.


text:
    Baar & Beards, Inc., Respondent, v. Waldburger, Grant & Co., Inc., Appellant.
    Argued January 9, 1946;
    decided March 7, 1946.

      Edwin M. Otterbourg, Aaron Rosen and David E. Edgar, Jr., for appellant.

      Harry J. Halperin and Nathan J. Gottlieb for respondent.
   Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoheb, Dye and Medalie, JJ.


text:
    Emil K. Ellis, Respondent, v. City of New York, Appellant.
    Argued January 14, 1946;
    decided March 7, 1946.

      Ignatius M. Wilkinson, Corporation Counsel (Seymour B. Quel, Barry Hollander and Harry Tam,nenbaum of counsel), for appellant.

      Emil K. Ellis, Jonas Ellis, Myron A. Ellis and Julius Hallheimer for respondent
   Judgment affirmed, with costs; no opinion.

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


text:
    Kennard M. Andersen, as Administrator c. t. a. of the Estate of Martinus Andersen, Deceased, Appellant, v. City of New York et al., Respondents.
    Argued January 15, 1946;
    decided March 7, 1946.

      George X. Levine for appellant.

      Louis P. Eisner for Street & Smith Publications, Inc., amicus curbs in support of appellant’s position.

      James Carroll for Hearst Magazines, Inc., and another, amici curbs in support of appellant’s position.

      Ignatius M. Willdnson, Corporation Counsel (Isaac C. Bonner, Leroy Mandle and Ira Wollison of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Dye and MbdaijIE, JJ., Taking no part: Thacheb, J.


text:
    Pagano, Inc., Appellant, v. City of New York et al., Respondents.
    Argued January 15, 1946;
    decided March 7, 1946.

      George X. Levine for appellant.

      Louis P. Eisner for Street & Smith Publications, Inc., amicus curies in support of appellant’s position.

      James Carroll for Hearst Magazines, Inc., and another, amici curiae in support of appellant’s position.

      Ignatius M. Wilkinson, Corporation Counsel (Isaac C. Bonner, Leroy Handle and Ira Wollison of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Louise A. Dougherty, an Infant, by William J. Dougherty, Her Guardian ad Litem et al., Appellants, v. City of New York, Respondent.
    Argued January 17, 1946;
    decided March 7, 1946.

      Harry A. Spiegelman and John M. Wilson for appellants.

      John J. Bennett, Corporation Counsel (Fred Iscol and Joseph F. Mulqueen, Jr., of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    The People of the State of New York ex rel. Milperl Corporation et al., Appellants, against James J. Sexton et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents. (Taxes for 1932 and 1933.) The People of the State of New York ex rel. Bank for Savings in the City of New York, Respondent, against William S. Miller et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants. (Taxes for 1940-41.)
    Argued January 22, 1946;
    decided March 7, 1946.

      Edmund B. Hennefeld and Leon Sachs for appellants.

      Melville Southard and Henry F. Richardson, Jr., for respondent.
   . Order affirmed, with costs; no opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalie, J., deceased.


text:
    Harold Abair, Appellant, v. City of New York, Respondent.
    Argued January 23, 1946;
    decided March 7, 1946.

      Moe Levine and Benjamin H. Siff for appellant.

      John J. Bennett, Corporation Counsel (Albert L. Wilbur of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Taking no part: Thacher, J. Medalie, J., deceased.


text:
    Mary Somogye, as Administratrix of the Estate of Stephen Somogye, Deceased, Respondent, v. New York Central Railroad Company, Appellant, et al., Defendants.
    Argued January 25, 1946;
    decided March 7, 1946,

      Mark N. Turner, Oliver G. Browne and Paul Folger for appellant.

      Edward B. Horning and William J. Brock for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Teacher, J., dissents upon the ground that there was no evidence that the railroad received any consideration for the use of the cars, and, therefore, the transaction must be treated as a gratuitious bailment, and so treated, there was no duty of inspection imposed by law upon the railroad. Medalie, J., deceased.


text:
    Clara W. Rambo, an Infant, by Anna E. Rambo, Her Guardian ad Litem, et al., Appellants, v. Samuel Longmore et al., as Executors of Marjorie F. Longmore, Deceased, Respondents.
    Argued December 5, 1945;
    decided March 7, 1946.

      Gordon M. Lipets for appellants.

      James I. McGuire and George A. Garvey for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medaeie, JJ.


text:
    Aktieselskabet Dampskibsselskabet Vesterhavet, Respondent, v. W. A. Kirk & Co., Inc., et al., Defendants. Republic of Chile, Appearing Specially, Appellant.
    Argued January 8, 1946;
    appeal withdrawn March 7, 1946.

      Roger Siddall, L. de Grove Potter and David P. Dawson for appellant appearing specially.

      Stanley W. Schaefer and Maurice J. Smith for respondent.
   Appeal withdrawn on stipulation.


text:
    John H. Garbarino, Respondent, v. Utica Uniform Company, Inc., Appellant.
    . Argued January 9, 1946;
    decided March 7, 1946.

      M. Francis Malone for appellant.

      Albert V. Moore for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loxjghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Robert Andrews et al., Respondents, v. Cy B. Elkins et al., Defendants, and Harriet K. Evans, as Administratrix of the Estate of George E. Evans, Deceased, Appellant.
    Argued January 10, 1946;
    decided March 7, 1946.

      Joseph 8. McCann for appellant.

      Benjamin H. Siff and Hyman Wiener for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Jerome B. McSweeney, Appellant v. John Bazinet, as Mayor of the City of Glens Falls, et al., Respondents.
    Argued January 18, 1946;
    decided March 7, 1946.

      Daniel J. Finn and J. Ward Bussell for appellant.

      Thomas J. McCarthy, Harry H. Singleton and Wyman S. Bascom for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Sigmund Suslak, Appellant and Respondent, v. I. Rokeach & Sons, Inc., Respondent and Appellant.
    Argued January 23, 1946;
    decided March 7, 1946.

      C. Dickerman Williams and Carl BachMn for plaintiff, appellant and respondent.

      David Sher, Martin D. Eile, Morton L. Deitch and Milton N. Socolof for defendant, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalie, J., deceased.


text:
    Frank Costello, Plaintiff-Appellant, and United States of America, Intervener-Appellant, v. Maurice Simmons, Individually and as Property Clerk of the Police Department of the City of New York Respondent.
    Argued February 25, 1946;
    decided March 7, 1946.

      I. Maurice Wormser and George Wolf for plaintiff-appellant.

      John F. X McGohey, United States Attorney (John B. Creegan of counsel), for United States of America, intervener, appe1-lant.

      John J. Bennett, Corporation Counsel (Frank J. Horan of counsel), for respondent.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Med alie, J., deceased.


text:
    Union Course Holding Corporation, Respondent, v. Tomasetti Construction Company et al., Appellants.
    Argued January 10, 1946;
    decided March 7,1946.

      Frederick Mellor and William Butler for appellants.

      Samuel Marion for respondent.
   Judgment affirmed, with costs; no opinion. (See 295 N. Y. 894.)

Concur: Loitghran, Ch, J-, Lewis, Conway, Desmond, Thacher, Dye and Med alie, JJ.


text:
    City of New Rochelle, Respondent, v. Morgan H. Seacord, Appellant, et al., Defendants.
    Argued January 23, 1946;
    decided March 7, 1946.

      Lyle Evans Mahan for appellant.

      Aaron Simmons, Corporation Counsel (Francis S. Claps of counsel), for respondent.
   Appeal dismissed, with costs upon the ground that no substantial constitutional question is presented. No opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Medalie, JJ.


text:
    In the Matter of Cities Service Oil Company, Appellant, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents.
    Argued February 25,1946;
    decided March 7, 1946.

      George H. Colin and Benjamin Mosher for appellant.

      John J. Bennett, Corporation Counsel (Fred Jacobs and Joseph F. Mulqueen, Jr., of counsel), for respondents.
   Appeal dismissed, with costs, upon the ground that no substantial constitutional question is involved. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Medalie, JJ.


text:
    Dorothy Houseknecht, as Administratrix of the Estate of Harry D. Houseknecht, Deceased, Respondent, v. Delaware, Lackawanna and Western Railroad Company et al., Appellants.
    Argued January 10, 1946;
    decided March 7, 1946.

      Pierre W. Evans for appellants.

      Donald W. Kramer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur; Loughean, Ch. J., Lewis, Conway, Desmond, Thaoheb, Dye and Medalee, JJ.


text:
    Nora S. Myers, as Administratrix of the Estate of Lester V. Myers, Deceased, Respondent, v. Delaware, Lackawanna and Western Railroad Company et al., Appellants.
    Argued January 10, 1946;
    decided March 7, 1946.

      Pierre W. Evans for appellants.

      James B. Gitlitz for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    Julius Berlin, Respondent, v. Eimer & Amend, a New York Corporation, Appellant.
    Argued January 14, 1946;
    decided March 7,1946.

      George S. Mittendorf and Francis 0. Mayer for appellant.

      Irwin Isaacs for respondent.

      William 8. Tyson, Bessie Margolin, Irvmg Bozen and David 0. Walter for United States Department of Labor, amicus curiae, in support of respondent’s position.
   Judgment affirmed, with costs, but without prejudice to any application which plaintiff’s counsel may be advised to make at Trial Term for compensation for his services upon this appeal. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Medalie, JJ.


text:
    In the Matter of Harold Bakerman, an Attorney, Appellant. Association of the Bar of the City of New York, Respondent.
    Argued January 15, 1946;
    decided March 7, 1946.

      Irving I. Goldsmith and Walter M. Hinkle for Appellant.

      Einar Ghrystie for respondent.
   Order affirmed; no opinion.

Concur: Lottghban, Ch. J., Lewis, Conway, Desmond, Thaoheb, Dye and Medalie, JJ.


text:
    In the Matter of William J. Schottke et al., Appellants, against Thomas W. H. Jeacock et al., Constituting the Erie County Department of Social Welfare, et al., Respondents.
    Argued January 17,1946;
    decided March 7, 1946.

      Elmer R. Weil and Ralph A. Lehr for Erie County Department of Social Welfare and others, appellants.

      James 0. Moore, Sr., for respondents.
   Judgment affirmed, without costs. Question certified answered in the negative. No opinion.

Concur: Lotjghkan, Ch. J., Lewis, Conway, Desmond, Teaches, Dye and Medalie, JJ.


text:
    Charles L. Feltman et al., Appellants, v. John G. Ward et al., as Trustees under the Will of William J. Ward, Deceased, et al., Respondents.
    Argued January 21, 1946;
    decided March 7, 1946.

      Emil N. Baar, Laivrence J. Lieberman and Howard F. R. Mulligan for appellants.

      Harry Roter, J. Read Smith and John G. Ward for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Taking no part: Thacheb, J.; Medalie, J., deceased.


text:
    William Regine, Appellant, v. United States Trucking Corp., Respondent, et al., Defendants.
    Argued January 23, 1946;
    decided March 7, 1946.

      Fred H. Bees and Alexander Orr, Jr., for appellant.

      John B. Lauer and Henry L. Connors for defendant-respondent
   Judgments reversed and motion denied., with costs in all courts, upon the ground that the pleadings and affidavits present a question of fact whether at the time of the accident plaintiff was the employee of the defendant-respondent or continued in the general employment of The Oceanic Service Corporation. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medaxie, J., deceased.


text:
    In the Matter of the Claim of Julia Flammer, Respondent, against Bethlehem Steel Company, Appellant. State Industrial Board, Respondent.
    Argued January 24, 1946;
    decided March 7, 1946.

      John 8. O’Donnell for appellant.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum, Orrin G. Judd and Emmeline E. Ferris of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalib, J., deceased.


text:
    Lena M. Irwin, Appellant, v. Charles J. Tagliabue Manufacturing Company, Respondent.
    Argued February 25,1946;
    decided March 7, 1946.

      William J. H. Molinari and Helen Borgia for appellant.

      Edward K. Hanlon, Milton Weiss and Quentin J. Be Fazio for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Med alie, J., deceased.


text:
    Margaret Franciosa, Appellant, v. Salvatore Franciosa, Respondent.
    Submitted January 7, 1946;
    decided March 7, 1946.

      William L. Clay for motion.
    No one opposed.
   Motion granted and appeal dismissed, without costs, unless appellant files and serves an undertaking on appeal within ten days, in which event, motion denied.


text:
    The People of the State of New York ex rel. Nicholas A. Kamisaroff, Appellant, v. Blakely R. Webster, as Superintendent of Dannemora State Hospital, Respondent.
    Submitted January 21, 1946;
    decided March 7, 1946.
   Motion to compel certification of papers denied upon the ground that it does not appear that any appeal has been taken to the Supreme Court of the United States.


text:
    The People of the State of New York, Respondent, v. James Steele, Appellant.
    Submitted February 25, 1946;
    decided March 7, 1946.

      James Steele, in person, for motion.
    No one opposed.
   Motion dismissed upon the ground that no appeal can be taken to this court from the order of the Appellate Division (see Code Crim. Pro., § 519).


text:
    In the Matter of Feuer Transportation, Inc., Appellant. Local Union No. 445 of International Brotherhood of Teamsters, etc., Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.
   Motion to amend remittitur denied, with $10 costs and necessary printing disbursements. [See. 295 N Y. 87.]


text:
    In the Matter of William Bell, Respondent, against the Board of Regents of the University of the State of New York, Appellant.
    Submitted February 25, 1946;
    decided March 7, 1946.
   Motion by respondent for reargument and to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 295 N. Y. 101.]


text:
    Mary E. Hawkes, as Administratrix of the Estate of Edward J. Hawkes, Deceased, Respondent, v. City of Buffalo, Appellant, et al., Defendants.
    Submitted February 25, 1946;
    decided March 7, 1946.

      Fred G. Maloney, Corporation Counsel (Bart J. Shanahan of counsel), for motion.

      Noel S. Symons opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the order does not finally determine a special proceeding, and the purported judgment does not finally determine an action, within the meaning of the Constitution.


text:
    Alfred Turner et al., Suing on Behalf of Themselves and All Other Stockholders of American Metal Company, Limited, Similarly Situated, Appellants, v. American Metal Company, Limited, et al., Defendants, and Climax Molybdenum Company et al., Respondents.
    Submitted February 25, 1946;
    decided March 7, 1946.

      Max Tachna and Arnold M. Grant for motion.

      Arthur H. Dean on behalf of defendants-respondents.
   Motion granted and appeal dismissed, without costs.


text:
    William Moody, an Infant, by Bessie Moody, His Guardian ad Litem, et al., Respondents, v. Joel Green et al., Appellants, and The City of New York, Respondent
    Submitted February 25,1946;
    decided March 7, 1946.

      John J. Bennett, Corporation Counsel (Joseph F. Mulqueen, Jr., of counsel), for motion.

      Louis Eelfenstein opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    The People of the State of New York ex rel. Abraham H. Elkind et al., Appellants, against Abraham Rosenblum et al., Respondents.
    Submitted February 25, 1946;
    decided March 7, 1946.

      Nathaniel L. Goldstein, Attorney-General (Francis W. Phillips and Theodore Kiendl of counsel), for motion.
    No one opposed.
   Motion denied, with $10 costs and necessary printing disbursements upon the ground that an appeal lies as of right.


text:
    In the Matter of Colonial Liquor Distributors, Inc., Respondent, against John F. O’Connell et al., Constituting the State Liquor Authority, Appellants, and New Amsterdam Casualty Company, Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.
   Motion by respondent for reargument denied, with $10 costs and necessary printing disbursements. The unrevised opinion will be corrected in the published opinion. [See 295 N. Y. 129.]


text:
    In the Matter of Feuer Transportation, Inc., Appellant. Local Union No. 445 of International Brotherhood of Teamsters, etc., Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.
   Motion by respondent for reargument denied, with $10 costs and necessary printing disbursements. [See 295 N. Y. 87.]


text:
    Robert M. Morgan et al., as Trustees of the Gratuity Fund of the New York Produce Exchange et al., Respondents, v. Roy Andreae et al., Defendants, and John W. F. Neill, as a Copartner of Price, Waterhouse & Co. Appellant.
    Submitted February 25, 1946;
    decided March 7, 1946.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. The abbreviated record before us presented only the first cause of action in the original and in the amended complaint and our decision was based upon that record. [See 295 N. Y. 723.]


text:
    In the Matter of Ernestine Lee, Apellant, against The Board of Education of the City of New York, Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.
   Motion by appellant to amend remittitur denied. [See 295 N. Y. 647.]


text:
    The People of the State of New York ex rel. David Rubin, Appellant, against Warden of Attica State Prison, Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.

      David Rubin, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), opposed.
   Motion dismissed on the ground that no appeal lies to this court from the order of the Appellate Division denying leave to prosecute an appeal to that court as a poor person, since the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Tess B. Schwartz, Appellant, v. Otto Schwartz, Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.

      Charles Wilson for motion.

      Sydney J. Schwartz opposed.
   Motion granted and appeal dismissed, without costs.


text:
    455 Seventh Avenue, Inc., Appellant, v. Frederick Hussey Realty Corp., Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.
   Motion to amend remittitur denied. [See 295 N. Y. 166.]


text:
    The People of the State of New York ex rel. Roman J. Marcinkowski, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted February 25, 1946;
    decided March 7, 1946.

      Roman J. Marcinkowski, in person, for motion,

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Patrick H. Clune and Irving 1. Waooman of counsel), opposed.
   Motion dismissed on the ground that no appeal lies to this court from the order of the Appellate Division denying leave to prosecute an appeal to that court as a poor person, since the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Olga Bolton, as Executrix of John Bolton, Deceased, Appellant General Accident Fire and Life Assurance Corporation, Ltd., Respondent.
    Submitted March 4, 1946;
    decided March 7, 1946.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 295 N. Y. 734.]


text:
    Aurora Koblack, Appellant, v. Henry D. Croteau, Respondent.
    Submitted April 8, 1946;
    decided April 10, 1946.

      Thomas P. O’Malley for motion.

      Edward T. Kruglak opposed.
   Motion denied.


text:
    Marion Johnson, Respondent, v. Herbert Johnson, Appellant.
    Submitted April 8, 1946;
    decided April 10, 1946.

      Milton Solomon for motion.

      Michael D. Lieberman opposed.
   Motion denied.


text:
    Stanley Clarke, as Trustee of Associated Gas and Electric Company et al., Respondents, v. Sophia Mayer et al., Appellants, et al., Defendants.
    Argued February 25, 1946;
    decided April 12, 1946.

      Horace 8. Ma/nges, Gabriel Kaslow and Jacob F. Raslcin for Sophia Mayer and another, appellants.

      Isaac S. Heller, appellant in person.

      Harold Harper, Ben A. Matthews, Vincent P. Uihlein and Dorothy Herod Atwood for respondents.
   Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of the Arbitration between Red Line Commercial Co., Inc., Appellant, and Pastene Co., Limited, Respondent.
    Argued February 28, 1946;
    decided April 12, 1946.

      Irving Schneider and Joseph D. Allen for appellant.

      Joseph Joffe and Max Schoengold for respondent appearing specially.
   Appeal dismissed, with costs, upon the ground that the order does not finally determine a special proceeding within the meaning of the Constitution. No opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thachee and Dye, JJ. Medalie, J., deceased.


text:
    Edith L. Nickisch, Respondent, v. Madison 34th Street Corp., Appellant.
    Argued February 28, 1946;
    decided April 12, 1946.

      Alexander E. Rosenthal, Mordecai Goldberg and Irving Segal for appellant.

      Abraham Kantor and Samuel Eeuer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Dissenting: Thacheb, J. Medalie, J., deceased.


text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under the Will of Charles P. Phelps, Deceased, Respondent. Minnie B. Phelps, et al., Appellants; Charles F. Evans, as Special Guardian for Infants and as Attorney for Elias Lyman, 7th, and Edward P. Lyman.
    Argued February 26, 1946;
    decided April 12, 1946.

      Louis Susman, Milton G. Jacobs, Nathan Stieglitz and Harry H. Oshrin for appellants.

      ■Elmer J. Hoare for respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Thachee, JJ. Dissenting: Dye, J. Medalie, J., deceased.


text:
    The People of the State of New York ex rel. Rose Halvey, Appellant, against John F. Halvey, Respondent.
    Argued February 26, 1946;
    decided April 12, 1946.

      James B. Ouchterloney and Eben E. Band for appellant.

      Isidore Cohen for respondent.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Teacher and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of James V. Mullaney, Respondent, against Ernest L. Stebbins, as Commissioner of Health of the City of New York, Appellant.
    Argued January 9, 1946;
    decided April 18, 1946.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., Joseph F. Mulqueen, Jr., and Henry J. Shields of counsel), for appellant.

      Patrick I. Flannelly and Fred M. Ahern for respondent.
   Order of the Appellate Division reversed and determination of the Commissioner reinstated, with costs in the Appellate Division and in this court. The notice to the petitioner was a sufficient compliance with the statute (Matter of Lanzer v. Moran, 268 App. Div. 947, 294 N. Y. 864). No opinion.

Concur: Loughban, Ch. J., Lewis, . Conway, Desmond, Thacheb and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of New York State Labor Relations Board, Respondent, against Metropolitan Life Insurance Company et al., Appellants.
    Argued January 24, 1946;
    decided April 18, 1946.

      Hyler Connell and Walter Gordon Merritt for Metropolitan Life Insurance Company and others, appellants.

      Robert B. Lisle and Harry G. Hill for Brooklyn Trust Company and others, appellants.

      William E. Grady, Jr., and Betty Kaye Phillip off for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Desmond, Thaoher and Dye, JJ. Dissenting: Lewis and Conway, JJ., on the ground that, insofar as the order of the New York State Labor Relations Board directs the appellants to bargain collectively with a bargaining agent for a unit of one employee, the order is without authority of law. Medalxe, J., deceased.


text:
    The People of the State of New York ex rel. Louis Bergman, Appellant, against Vernon A. Morhous, as Warden of Great Meadow Prison, Respondent.
    Submitted February 28,1946;
    decided April 18, 1946.

      Louis Bergman appellant in person.

      Nathaniel L. Goldstein, Attorney-General (John W. Barnell, Orrin G. Judd and Patrick E. Glune of counsel), for respondent.
   Order affirmed, without costs; no opinion.- [See 295 N. Y. 885.]

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thachee and Dye, JJ. Medalie, J., deceased.


text:
    Electrical Enterprises, Inc., Appellant, v. Jacob Janos et al., Respondents.
    Argued March 5, 1946;
    decided April 18, 1946.

      Morway Picket for appellant.

      Isidor Enselman, Frederick Zorn and Lester Samuels for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Helen L. Harvey, Appellant, against Martin P. Catherwood, as Commissioner of Commerce, et al., Respondents.
    Argued March 7, 1946;
    decided April 18, 1946.

      John T. DeGraff for appellant.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, John W. Barnett and John B. Davison of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Golden Development Corporation, Respondent, v. Edna L. Weyant et al., Appellants.
    Argued February 27, 1946;
    decided April 18, 1946.

      Thomas W. Constable for appellants.

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

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of the Arbitration between Sloima Snaider, Respondent, and Mano Hoffner Fur Corporation, Appellant.
    Argued February 28, 1946;
    decided April 18, 1946.

      Leon M. Labes and Samuel 1. Hartman for appellant.

      Morton O. Rosenberg and Sidney S. Bobbé for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalie, J., deceased.


text:
    The People of the State of New York, Respondent, v. Benjamin Hughes, Appellant.
    Submitted March 6, 1946;
    decided April 18, 1946.

      Charles S. Belden for appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp and Harold Roland Shapiro of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: LougSran, Cli. J., Lewis, Conway, Desmond, Teacher and Dye, JJ.


text:
    Rose Brennan, Respondent, v. Travelers Insurance Company, Appellant.
    Argued March 7, 1946;
    decided April 18, 1946.

      Bernard J. McGlinn and Louis P. Galli for appellant.

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

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


text:
    Helena Ranelli, Respondent, v. Society of The New York Hospital, Appellant.
    Argued January 8, 1946;
    decided April 18, 1946.

      Joseph H. Choate, Jr., and Paul E. Lord for appellant.

      Myron Wisoff and Henry J. Beilman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalie, J., deceased.


text:
    Marcelino Garcia et al., as Executors of Manuel Diaz, Deceased, et al., Appellants, v. Pan American Airways, Inc., Respondent, et al., Defendants.
    Argued January 22, 1946;
    decided April 18, 1946.

      Francis Xavier Nestor, T. Catesby Jones, Oscar R. Houston and James W. Ryan for appellants.

      Donald Havens and David L. Corbin for respondent.
   Order affirmed, with costs. Questions certified answered in the affirmative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thachee and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of the Estate of Pauline Cybulska, Deceased. Helen Wieghec et al., as Executors of Pauline Cybulska, Deceased, Petitioners, Respondents. Martha Bruenn, Appellant.
    Argued February 28, 1946;
    decided April 18, 1946.

      Edwin J. Gulligan and Jean A. Martin for appellant.

      Leonard R. Lipowics and Peter A. Schults for respondents.
   Order affirmed, without costs; no opinion.

Concur; Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ. Medalie, J., deceased.


text:
    Carrie Diable, Appellant, v. City of Syracuse, Respondent.
    Argued March 4, 1946;
    decided April 18, 1946.

      J. Norman Crarmage for appellant.

      Lyle W. Hornbeck, Corporation Counsel (Roger 0. Baldwin of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Medalie, J., deceased.


text:
    In the Matter of the Estate of Curtis C. Johnson, Deceased. Myra J. Carry, as General Guardian of Curtis C. Johnson, Jr., et al, Infants, Appellant; Harold B. Johnson, as Executor of Curtis C. Johnson, Deceased, Respondent.
    Submitted March 6, 1946;
    decided April 18, 1946.

      Harry D. Banders and John F. Connelly for appellant.

      Fdxoard C. Behlenher for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Elsie B. Spaulding, Appellant, v. John P. Christakos et al., Individually and as Copartners under the Name of French Pastry Shop, Respondents.
    Argued March 1, 1946;
    reargument ordered April 18, 1946.

      William A. Mulvey and Allen J. Weisman for appellant.

      John B. Schwarts and ill. Glenn Folger for respondents.
   Reargument ordered.