text:
    The People of the State of New York, Respondent, v. Albert H. Fish, Appellant.
    (Argued October 22, 1935;
    decided November 26, 1935.)

      James Dempsey, Jr., and Frank J. Mahony for appellant.

      Walter A. Ferris, District Attorney (Elbert T. Gallagher and Thomas D. Scoble of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Httbbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


source: Caselaw Access Project

license: Public Domain

text:
    The People of the State of New York, Respondent, v. John Smith, Appellant.
    (Argued October 23, 1935;
    decided November 26, 1935.)

      Philip Gelfand, H. Leonard King and Harold Halpern for appellant.

      Samuel J. Foley, District Attorney (Sol. Boneparth, Herman J. Fliederblum, Nicholas M. Delagi and Arthur G. Carney of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property and Liquidate the Business of the Southern Surety - Company of New York. Bessie Villa et al., Appellants.
    (Submitted November 18, 1935;
    decided November 26, 1935.)
   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 Federal Constitution was presented and necessarily passed upon by this Court, viz.: that Section 34 of the Workmen’s Compensation Law of this State is repugnant to the Constitution of the United States in that it offends Section 2 of Article 4, and Section 1 of the Fourteenth Amendment thereto. This Court held that Section 34 of the Workmen’s Compensation Law of this State is not repugnant to Section 2 of Article 4 of the Constitution of the United States and does not offend Section 1 of the Fourteenth Amendment thereto.” (See 266 N. Y. 589.)


text:
    In the Matter of Jewish Mental Health Society, Appellant, against Village of Hastings et al., Respondents.
    (Submitted November 18, 1935;
    decided November 26, 1935.)
   Motion to amend remittitur granted. Return of remittitur requested, and when returned it will be amended by adding the following thereto:

“A question under the Federal Constitution was presented and necessarily passed upon by this Court, viz.: that the zoning Ordinance of the Village of Hastings was repugnant to Section 1 of the 14th Amendment of the Constitution of the United States. This Court held that the zoning ordinance aforesaid is not repugnant to said amendment of the Constitution of the United States.” (See 268 N. Y. 458.)


text:
    Maria Assalone, as Administratrix of the Estate of Domenick Assalone, Deceased, Respondent, v. Thomas Hazel et al., Appellants.
    (Argued November 18, 1935;
    decided November 26, 1935.)

      Austin 0. Cocuzza for motion.

      William B. Davis opposed.
   Motion denied, with leave to renew on the argument of the appeal.’


text:
    William P. De Aprix, Respondent, v. Andrew Hyson, Appellant.
    (Argued November 18, 1935;
    decided November 26, 1935.)

      J. Gerald Mayer for motion.

      Roland Ford opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of John J. Walsh, Respondent, against Fiorello H. La Guardia, as Mayor of the City of New York, et al., Appellants.
    (Submitted November 25, 1935;
    decided November 26, 1935.)

      John J. Walsh, in person, for motion.

      Paul Windels, Corporation Counsel {Joseph L. Weiner of counsel), opposed.
   Motion denied, without costs.


text:
    In the Matter of the Accounting of Minnie A. Kernan, as Executrix of Arthur T. Kernan, Deceased, Appellant. Earl N. Buffett, Respondent.
    (Submitted November 25, 1935;
    decided November 26, 1935.)

      George PL. Carleton for motion.

      James C. Danzilo opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant file and serve a proper bond within five days and pay to attorney for respondent twenty-five dollars, in which event the motion is denied.


text:
    In the Matter of Karsten Dairies, Inc., Appellant, against Charles H. Baldwin, as Commissioner of Agriculture and Markets, Respondent.
    (Argued November 18, 1935;
    decided December 3, 1935.)

      Willard R. Pratt and Howard M. Rowe for appellant.

      Henry S. Manley for respondent.
   Appeal dismissed, with costs. No substantial constitutional question is raised. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Michael J. Leonard, Appellant, against Harry Tappen et al., as the Town Board of Town of Oyster Bay, et al., Respondents, Impleaded with Others.
    (Argued November 18, 1935;
    decided December 3, 1935.)

      Frederick C. Dowd for appellant.

      William J. Beglin for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Village of Pelham, Respondent, against John E. Fetzer et al., as the Board of Assessors of the Town of Pelham, Appellants.
    (Argued November 18, 1935;
    decided December 3, 1935.)

      Solon J. Liebeskind for appellants.

      William C. Olsen for town of Eastchester, amicus curice. George W. Hinckley for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Lucian J. Ciresi, Appellant, against Walter C. Newcomb, as District Attorney of Erie County, Respondent.
    (Argued November 19, 1935;
    decided December 3, 1935.)

      Walter F. Hofheins and Jacob Tick for appellant.

      Kevin Killeen for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of James J. Brady, Appellant, against James E. Finegan et al., as the Municipal Civil Service Commission of the City of New York, et al., Respondents.
    (Argued November 19, 1935;
    decided December 3, 1935.)

      Joseph F. Ryan and Abraham Bernard King for appellant.

      Paul Windels, Corporation Counsel (Seymour B. Quel and Paxton Blair of counsel), for respondents.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of James B. Cahill, Appellant, against Morris S. Tremaine, as Comptroller of the State of New York, et al., Respondents.
    (Argued November 19, 1935;
    decided December 3, 1935.)

      Jay Leo Rothschild for appellant.

      John J. Bennett, Jr., Attorney-General (Henry Epstein of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Anna Graf, Appellant. 19 and 146 Rivington Street Corporation, Respondent.
    (Argued November 19, 1935;
    decided December 3, 1935.)

      Jerome A. Strauss and David Friedmann for appellant.

      Jay Leo Rothschild and Louis Rivkin for respondent.
   Orders affirmed, with costs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.


text:
    In the Matter of the Application of Anna Graf, Respondent. 19 and 146 Rivington Street Corporation et al., Appellants.
    (Submitted November 19, 1935;
    decided December 3, 1935.)

      David Friedmann for motion.
    No one opposed.
   Motion to dismiss appeals dismissed, without costs, as academic. (See 269 N. Y. 574.)


text:
    In the Matter of Irving Trust Company, as Trustee of the Bankrupt Estate of William A. Levy, Appellant. Central Hanover Bank and Trust Company et al., as Trustees, et al., Respondents.
    (Submitted November 25, 1935;
    decided December 3, 1935.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 267 N. Y. 102.)


text:
    Rhoda Greenberg, an Infant, by Morris J. Greenberg, Her Guardian ad Litem, Appellant, v. Bessie Magaziner, Respondent, Impleaded with Another.
    (Submitted November 25, 1935;
    decided December 3, 1935.)

      John D. Lyons for motion.

      Sidney Orseck opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Paino Bros., Inc., Appellant, v. Central National Bank of Yonkers, Respondent.
    (Submitted December 2, 1935;
    decided December 3, 1935.)

      W. Chantler Arbuckle for motion.

      Henry E. Stohldreier opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant pays respondent ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of The Bank of United States in Liquidation. Edward J. Quintal et al., as Trustees in Bankruptcy of Consolidated Factors Corporation, Appellants; Joseph A. Broderick, as Superintendent of Banks of the State of New York, Respondent.
    (Argued November 19, 1935;
    decided December 10, 1935.)

      John W. Simpson, 2nd, Franklin P. Ferguson and Arthur C. Power for appellants.

      Edward Feldman, Arthur Ofner, Henry L. Bayles and Carl J. Austrian for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Accounting of First Citizens Bank and Trust Company of Utica, as Testamentary Trustee of Lydia S. Benton, Deceased. Lydia J. Maynard, an Infant, by William L. Burke, Special Guardian, Appellant; Oneida National Bank and Trust Company of Utica, Respondent.
    (Argued November 20, 1935;
    decided December 10, 1935.)

      William L. Burke for appellant.

      Bradley Fuller for respondent.
   Order affirmed, with costs. Questions certified not answered as the appeal is from a final order. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Probate of the Will of Susana Henry, Deceased. George C. Steiger et al., Appellants; Annie M. MacDowall, as Executrix of Susana Henry, Deceased, Respondent.
    (Argued November 20, 1935;
    decided December 10, 1935.)

      Louis W. Manchester for appellants.

      Dethloffs E. Klein and Frank A. James for respondent. Order affirmed, with costs; no opinion.
   Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Accounting of First Citizens Bank and Trust Company of Utica, as Trustee under the Will of Ellen A. Roberts, Deceased, Respondent; Laura Quigley, Appellant.
    (Argued November 20, 1935;
    decided December 10, 1935.)

      Charles J. Fuess for appellant.

      Gilbert R. Hughes for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Crouch, Loughran and Finch, JJ. Not sitting: O’Brien, J.


text:
    In the Matter of Tillie Rosenthal, Respondent. The People of the State of New York, Appellant.
    (Argued November 21, 1935;
    decided December 10, 1935.)

      William F. X. Geoghan, District Attorney (Henry J. Walsh and John J. Lee of counsel), for appellant.

      Max Weitz for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lehman, Hubbs, Crouch, Loughran and Finch, JJ. Not voting: Crane, Ch. J. Not sitting: O’Brien, J.


text:
    In the Matter of M. Harvey Smedley et al., Appellants, against Frank Taylor, as Comptroller of the City of New York, Respondent.
    (Argued November 21, 1935;
    decided December 10, 1935.)

      M. Harvey Smedley (in person) and Eugene Fink for appellants.

      John J. Bennett, Jr., Attorney-General (Robert P. Beyer of counsel), amicus curiae.

      PaulWindels, Corporation Counsel (Edmund L. Palmieri and Paxton Blair of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concm: Crane, Ch. J., Lehman, Htjbbs, Crouch, Loughran and Finch, JJ. Not sitting: O’Brien, J.


text:
    In the Matter of Manning J. Butler, Respondent, against James E. Finegan et al., Constituting the Municipal Civil Service Commission of the City of New York, Appellants.
    (Argued November 21, 1935;
    decided December 10, 1935.)

      Paul Windels, Corporation Counsel {Edmund L. Palmieri. Paxton Blair and Arthur B. Hoff, Jr., of counsel), for appellants.

      Albert de Boode for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, Htjbbs, Crouch, Loughran and Finch, JJ. Not sitting: O’Brien, J.


text:
    In the Matter of the Will of Frances A. Jacobs, Deceased, and of the Accounting of National City Bank of New York, as Trustee. Ruth Jacobs, Appellant; Clara A. Traver, Respondent.
    (Argued November 21, 1935;
    decided December 10, 1935.)

      Livingston S. Latham for appellant.

      Frank Gibbons for respondent.
   Order of the Appellate Division modified by striking out that portion thereof which directs the payment of the principal to Clara A. Traver before Ruth Jacobs arrives at the age of twenty-five years, and the order of the Appellate Division is further modified by directing that the income on the principal be paid to Ruth Jacobs -until she arrives at the age of twenty-five years; and as so modified affirmed, without costs. No opinion.

Concur: Crane, Ch. J., Lehman and Loughran, JJ. Hubbs and Crouch,. JJ., while concurring in the modification, also vote for a complete reversal. Finch, J., votes to affirm. Not sitting: O’Brien, J.


text:
    In the Matter of the Claim of Commissioner of Taxation and Finance against Gleasner Compressed Air Supply and Equipment Company, Inc., et al., Respondents. State Industrial Board, Appellant.
    (Argued November 21, 1935;
    decided December 10, 1935.)

      John J. Bennett, Jr., Attorney-General (.Hector A. Robichon of counsel), for appellant.

      Frank Gibbons for respondents.
   Order affirmed, with costs against the State Industrial Board; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Crouch, Loughran and Finch, JJ. Not sitting: O’Brien, J.


text:
    In the Matter of the Claim of Freida Hocke, Respondent, against Emdee Management Corporation et al., Appellants. State Industrial Board, Respondent.
    (Argued November 21, 1935;
    decided December 10, 1935.)

      Seymour J oseph and Walter B. Herendeen for appellants.

      John J. Bennett, Jr., Attorney-General {Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Hubbs, Lottghran and Finch, JJ. Dissenting: Lehman and Crouch, JJ. Not sitting: O’Brien, J.


text:
    In the Matter of Leonard R. Hanower, Respondent, against August N. Gandia, as Treasurer of the City of Long Beach, Appellant.
    (Submitted November 21, 1935;
    decided December 10, 1935.)

      Louis Boehm and Solomon C. Siember for appellant.

      Harold M. Goldblatt and Samuel J. Siegel for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, Htjbbs, Crouch, Loughran and Finch, JJ. Not sitting: O’Brien, J.


text:
    The New York Lumber Trade Association et al., Appellants, v. Martin Lacey, Individually and as President of the Transportation Trades Council of the Port of New York and Vicinity et al., Respondents, Impleaded with Others.
    (Argued November 21, 1935;
    decided December 10, 1935.)

      Walter Gordon Merritt, Walter K. Bennett and Henry Clifton, Jr., for appellants.

      Louis■ B. Boudin and Edward C. Maguire for labor unions,: respondents.

      Raymond E. Stefferson for Luckenbach Steamship Company, Inc., respondent.

      Ray Rood Allen for American Export Lines et al., respondents.
   Judgment affirmed, with costs; no opinion. (See 269 N. Y. 677.)

Concur: Ceane, Ch. J., Lehman, Crouch, Loughran and Finch, JJ. Dissenting: Hubbs, J. Not sitting: O’Brien, J.


text:
    The People of the State of New York, Respondent, v. Otto Warner, Appellant.
    (Argued November 25, 1935;
    decided December 10, 1935.)

      Frank W. Barnes for appellant.

      Glenn F. Carter, District Attorney, for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    State Bank of Binghamton, Appellant, v. Charles J. Mangan, Respondent.
    (Argued November 25, 1935;
    decided December 10, 1935.)

      .A. Lawrence Abrams for appellant.

      Frank J. Mangan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loitghran and Finch, JJ. Not sitting: Crouch, J.


text:
    Kenneth H. Sampson, Respondent, v. Mechanics and Traders Insurance Company of New Orleans, Appellant, Impleaded with Another. Kenneth H. Sampson, Respondent, v. The World Fire and Marine Insurance Company of Hartford, Appellant, Impleaded with Another. Kenneth H. Sampson, Respondent, v. The North River Insurance Company of the City of New York, Appellant, Impleaded with Another. Kenneth H. Sampson, Respondent, v. The New Hampshire Fire Insurance Company of Manchester, Appellant, Impleaded with Another. Kenneth H. Sampson, Respondent, v. Atlas Assurance Company, Limited, of London, England, Appellant, Impleaded with Another.
    (Argued November 25, 1935;
    decided December 10, 1935.)

      A. Lawrence Abrams for appellants.

      Leonhardt W. Wagner for respondent.
   In each case, judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, Respondent, for an Order of Liquidation of the Westchester Title and Trust Company. Anna Oberhammer, as Special Guardian of Louis Oberhammer et al., Appellant; Wendell P. Barker et al., Constituting the Mortgage Commission of the State of New York, et al., Respondents.
    (Submitted December 2, 1936;
    decided December 10, 1935.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 432.)


text:
    Compania de Inversiones Internacionales, Appellant, v. Industrial Mortgage Bank of Finland, Respondent.
    (Submitted December 9, 1935;
    decided December 10, 1935.)
   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 Federal Constitution was presented and necessarily passed upon by this court, viz.: that the joint resolution of the Congress of June 5, 1934, known as Joint Resolution No. 10 of the Seventy-third Congress to insure uniform value to the coins and currencies of the United States violates the Fifth Amendment of the Constitution of the United States if it applies to bonds held in international transactions or by foreign creditors. This court holds that said joint resolution is applicable to foreign, as well as domestic, creditors, and that said provision of the Constitution of the United States is not violated.” (See 269 N. Y. 22.)


author: Per Curiam.

text:
    Louise L. Arnold, Respondent, v. Kate D. Bertolini, Appellant, and Edward L. Tinker et al., Respondents, Impleaded with Another.
    (Argued November 26, 1935;
    decided December 13, 1935.)

      Eugene Blanc, Jr., and Earl A. Barr for appellant.

      Joseph Larocque for plaintiff-respondent.

      J. A. Stevenson, Jr., for Annie R. Tinker Memorial Home, respondent.

      Charles Furnald Smith for Edward L. Tinker, respondent.
   Per Curiam.

The judgment should be modified to the extent of requiring Kate Darling Bertolini to deposit additional securities sufficient to yield sixty-five per cent of fifty per cent of the deficiency in income of the Annie R. Tinker obligation, and to pay sixty-five per cent of fifty per cent of the arrears in income arising under that obligation and the Annie R. Tinker Memorial Home is required to deposit additional securities sufficient to yield thirty-five per cent of fifty per cent of the deficiency in income and to pay thirty-five per cent of fifty per cent of the arrears in income.

The judgment of the Appellate Division and that of the Special Term should be modified in accordance with this opinion, and as so modified affirmed, without costs. (See 269 N. Y. 676.)

Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, and Finch, JJ., concur. Crouch, J., not sitting.

Judgment accordingly.


text:
    Tauba Gelberg, Respondent, v. Harry Gelberg, Appellant.
    (Submitted November 26, 1935;
    decided December 13, 1935.)

      Copal Mints and Murray H. Yachnin for appellant.

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

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    William Silk, Respondent, v. New York State Realty and Terminal Company, Appellant, Impleaded with Others.
    (Argued November 26, 1935;
    decided December 13, 1935.)

      Kenneth 0. Mott-Smith and Clive C. Handy for appellant.

      Jacquin Frank, David M. Fink and Charles Glatzer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Jeanne De Nault, Appellant, v. Friedman & Company, Inc., Respondent, Impleaded with Others.
    (Argued November 27, 1935;
    decided December 13, 1935.)

      Aaron Lipper and Walter J. Keeley for appellant.

      Harold E. Blodgett and Howard Murrin for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Woodside Presbyterian Church, Appellant and Respondent, v. I. Townsend Burden, Respondent and Appellant, Impleaded with Another.
    (Argued November 27, 1935;
    decided December 13, 1935.)

      James Farrell for plaintiff, appellant and respondent.

      John T. Norton and Joseph C. Behan, Jr., for defendant, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Bertram Schwarz et al., Infants, by Max Schwarz, Their Guardian ad Litem, Appellants, v. Joseph A. Broderick, as Superintendent of Banks in Charge of Liquidation of The Long Beach Trust Company, et al., Respondents.
    (Submitted November 27, 1935;
    decided December 13, 1935.)

      Maurice Rubinger and Robert Jacobs for appellants.

      Jacob Radzivill, Henry L. Bayles, J. Jennings Mahran and William A. Shea for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Verona A. Beare, Respondent, v. Ella S. Everett, Appellant.
    (Argued November 27, 1935;
    decided December 13, 1935.)

      N. Otis Rockwood for appellant.

      Lester Robert Smith for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Frederic A. Potts & Co., Inc., Respondent, v. Lafayette National Bank of Brooklyn, Appellant, Impleaded with Another.
    (Submitted December 9, 1935;
    decided December 13, 1935.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 269 N. Y. 181.)


text:
    In the Matter of William Sanger et al., Respondents, against Frederick S. Greene, as Superintendent of Public Works of the State of New York, et al., Appellants. In the Matter of Irving R. Brown, Respondent, against Frederick S. Greene, as Superintendent of Public Works of the State of New York, et al., Appellants.
    (Submitted December 9, 1935; decided
    December 13, 1935.)
   Motions for reargument denied, with ten dollars costs and necessary printing disbursements. (See 269 N. Y. 33, 45.)


text:
    Seeck & Kade, Inc., Appellant, v. R. Tomshinsky, Individually and Trading as Webster Cut Rate Drug Stores, et al., Respondents.
    (Argued December 2, 1935;
    decided January 7, 1936.)

      Mark Eisner and James F. Donnelly for appellant.

      Jay Leo Rothschild and .Froncés Kneitel for respondents.

      Jay Leo Rothschild for Heam Department Stores, Inc., amicus curios.

      Charles Goldman and Harold Dublirer for Cooper & Cooper, Inc,, amicus curice.

   Judgment affirmed, with costs, on the authority of Doubleday, Doran & Co. v. Macy & Co. (269 N. Y. 272). No opinion.

Concur; Crañe, Ch, J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The Ætna Casualty and Surety Company, Appellant, v. Fleischman Wine and Liquor Co., Inc., Respondent.
    (Argued November 18, 1935;
    decided January 7, 1936.)

      Jeremiah T. Mahoney and John E. McAniff for appellant.

      Edward Alan Shure and Isidore Mesibov for respondent.
   Order of the Appellate Division and that of the Special Term reversed, with costs to appellant in all courts, and the motion granted on authority of Continental Casualty Co. v. National Slovak Sokol, Inc. (269 N. Y. 283). First and fourth questions certified answered in the negative. Fifth question certified answered in the affirmative. Second and third questions certified not answered. No opinion.

Concur: Crane, Ch. J., O'Brien, Hubbs and Finch, JJ. Dissenting: Lehman, Crouch and Loughran, JJ.


text:
    Jacob Schlegel, an Infant, by Sarah Schlegel, His Guardian ad Litem, Respondent, v. Max Quinton et al., Individually and as Copartners under the Firm Name of Quinton & Stein, et al., Defendants, and Max Quinton, Individually and as Surviving Partner of Quinton & Stein, Appellant.
    (Submitted October 25, 1935;
    decided January 7, 1936.)

      Everett W. Bovard and Daniel Mungall for appellant.

      Thomas A. Shaw, Jay S. Jones and Edward J. Fanning for respondent.
   judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    The People of the State of New York, Respondent, v. Frank A. Flynn, Appellant.
    (Argued November 25, 1935;
    decided January 7, 1936.)

      Joseph Lonardo, Albert E. Short and James Fitzgerald for appellant.

      Charles P. Sullivan, District Attorney (Mordecai Konowiiz of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, HubBs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    The People of the State of New York, Respondent, v. Osgan Yarganian, Martin Mozian, Juan G. Tchalikian, Harry Sarafian, John Mirijanian, Mihran Zadigian and Ohanes Andreassian, Appellants.
    (Argued November 26, 1935;
    decided January 7, 1936.)

      Joab H. Banton, George Gordon Battle, Harry C. Kane and Stanley L. Richter for appellants.

      William Copeland Bodge, Bistrict Attorney (Felix C. Benvenga, Alexander H, Kaminsky, Erwin N. Schapira and Joseph Cohn of counsel), for respondent.
   As to each defendant, judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J,


text:
    In the Matter of the Accounting of First Trust and Deposit Company, as Executor of and Trustee under the Will of Thomas P. Murray, Appellant; St. Joseph’s Hospital et al., Respondents.
    (Argued December 2, 1935;
    decided January 7, 1936.)

      Laurence Sovik and Henry B. Follett for St. Joseph’s Hospital, respondent.

      P. J. Tierney for St. Agnes Cemetery, respondent.
   Order of the Appellate Division reversed, with costs» and decree of the Surrogate’s Court affirmed. (See Matter of Schliemann, 259 N. Y. 497.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    John Marsich, Appellant, v. Eastman Kodak Company et al., Respondents.
    (Argued December 3, 1935;
    decided January 7, 1936.)

      Leon Lauterstein, Melbourne Bergerman and David T. Smith for appellant.

      E. Willoughby Middleton for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Charles J. Christ et al., Appellants, against Joseph B. Ford et al., Constituting the Buffalo Municipal Civil Service Commission, et al., Respondents.
    (Argued December 3, 1935;
    decided January 7, 1936.)

      M. Edwin Merwin for appellants.

      Gregory U. Harmon, Corporation Counsel (John E. Livermore of counsel), for Municipal Civil Service Commission et al., respondents.

      Charles Joseph McDonough for George E. Schwenk, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The Guardian Life Insurance Company of America, Respondent, v. Isidore Katz, Appellant.
    (Argued December 3, 1935;
    decided January 7, 1936.)

      David Goldstein and Thomas G. Frost for appellant.

      Victor E. Whitlock for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hübbs, Crouch and Loughran, JJ, Not sitting: Finch, J.


text:
    Frances N. Sturman, Appellant, v. The State of New York, Respondent.
    (Claim No. 21896.)
    (Argued December 3, 1935;
    decided January 7, 1936.)

      Moses Feltenstein, Sidney J. Feltenstein and Abraham Males for appellant.

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

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Maurice Fellerman, Appellant. The People of the State of New York, Respondent, v. Abraham Koslow, Appellant.
    (Argued December 3, 1935;
    decided January 7, 1936.)

      Morris L. Ernst, Alexander Lindey, Benjamin Kaplan and Lee Hazen for appellants.

      Samuel J. Foley, District Attorney (Sol. Boneparth and Herman J. Fliederblum of counsel), for respondent.
   In each case, judgment affirmed; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs and Lough-ran, JJ. Dissenting: Lehman, Crouch and Finch, JJ.


text:
    Julia F. Parsons, Individually and as Executrix of Arthur E. Parsons, Deceased, Appellant and Respondent, v. First Trust and Deposit Company, as Executor of Alexander T. Brown, Deceased, et al., Respondents and Appellants. Julia F. Parsons, Individually and as Executrix of Arthur E. Parsons, Deceased, Appellant and Respondent, v. First Trust and Deposit Company, as Executor of Willard C. Lipe, Deceased, et al., Respondents and Appellants.
    (Argued December 4, 1935;
    decided January 7, 1936.)

      S. F. Hancock and B, E. Shove for Burton B. Parsons, as executor of Mary S. Brown, et al., defendants, respondents and appellants.

      Frank H. Hiscock and Alexander H. Cowie for First Trust and Deposit Company, as executor of Alexander T. Brown, deceased, et al., defendants, respondents and appellants.

      Maurice Phelps and Ben Wiles for Julian S. Brown, defendant, respondent and appellant.

      William S. Andrews and H. Duane Bruce for plaintiff, appellant and respondent.
   In each action, judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    John Jacobellis, Respondent, v. Prudential Ice and Coal Corporation et al., Defendants; Samuel Rubel et al., Appellants, and Vito Limitone, Respondent.
    (Argued December 5, 1935:
    decided January 7, 1936.)

      Walter H. Poliak, Nathan Friedman, Samuel J. Silver-man and Leslie Handler for Samuel Rubel et ah, appellants.

      Jacob Krisel for Lawrence Fighera, appellant.

      David M. Palley and William I. Musso for plaintiff, respondent.

      Samuel M. Ostroff for defendant, respondent.
   Judgment of the Appellate Division modified by striking out that portion which awards judgment against the defendant Lawrence Fighera in the sum of $3,426,79, with interest, and as so modified affirmed, with costs to respondents. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hebbs, Crouch, Loughran and Finch, JJ.


text:
    Michael Weiskopf, Respondent, v. The City of Saratoga Springs et al., Appellants.
    (Argued December 5, 1935;
    decided January 7, 1936.)

      Theodore A. Knapp and Richard J. Sherman for appellants.

      William E. Bennett for respondent.

      J. A. T. Schwarte, J. A, Slade¡ D. J. Harrington and 1.1. Goldsmith for United States Hotel Company, amicus curiae.

   Judgments reversed and motion denied, with costs in tins court and in the Appellate Division. This is not a case to be decided on the pleadings. The constitutionality of the regulations must be decided after the facts are determined on the trial. No opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Loughran and Finch, JJ. Lehman and Crouch, JJ., dissent and vote to affirm.


text:
    Fred L. Manning, as Executor of Jessie L. Manning, Deceased, Appellant, v. Dale Engineering Company, Defendant, and Bryan W. Husted. Respondent. Fred L. Manning, Appellant, v. Dale Engineering Company, Defendant, and Bryan W. Husted, Respondent.
    decided January 7, 1936.)

      Arthur J. Foley for appellants.

      Warwick J. Kernan, Edward J. Burns, Jr., and Willis D. Morgan for respondent.
   In each action, order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hobbs, Crouch, Loughran and Finch, JJ.


text:
    Robert Mastruzzi, an Infant, by Concetta Mastruzzi, His Guardian ad Litem, et al., Respondents, v. Salvatore Aloi, Appellant.
    (Submitted December 6, 1935;
    decided January 7, 1935.)

      Frederick Mellor and William Butler for appellant.

      Frank J. Rinaldi for respondents.
   Judgments reversed and complaint dismissed, with costs in all courts. There is no evidence to sustain the finding that the accident was the result of heedlessness or reckless disregard of the rights of plaintiffs. (See Metcalf v. Reynolds, 267 N. Y. 52.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Appellant, v. V. E. Graham & Co., Inc., et al., Respondents.
    (Submitted December 6, 1935;
    decided January 8, 1936.)

      John J. Bennett, Jr., Attorney-General (John R. O’Hanlon, Ambrose V. McCall and John F. X. McGohey of counsel), for appellant.
    No appearance for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    Ernest A. Kirchhof et al., Respondents, v. Lenox A. Ramsey, Appellant, Impleaded with Others
    (Argued December 9, 1935;
    decided January 8, 1936.)

      Daniel F. Imrie for appellant.

      Thomas J. McCarthy and James Me Phillips for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Joseph A. Broderick, as Superintendent of Banks of the State of New York, Respondent, v. Betco Corporation, Appellant. Joseph A. Broderick, as Superintendent of Banks of the State of New York, Respondent, v. Ernest N. Adler et al., Copartners under the Firm Name of Adler, Hlavac & Pilnacek, Appellants.
    (Argued December 9, 1935;
    decided January 8, 1936.)

      William M. Kilcullen for appellants.

      John A. Mullen and Harrison W. Gebhardt for respondent.
   In each case judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Elsie Cunningham, as Administratrix of the Estate of Elaine J. Cunningham, Deceased, Appellant, v. City of Niagara Falls, Respondent.
    (Argued December 9, 1935;
    decided January 8, 1936.)

      Francis T. Findlay and Bernard Sax for appellant.

      Philip Halpern, Manly Fleischmann and Alger A. Williams for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Joseph A. Corr, as Substituted Trustee under a Trust Indenture Made by Catherine I. Allen, Respondent, v. Parkway View Corporation, Appellant.
    (Argued December 9, 1935;
    decided January 8, 1936.)

      William F. McNulty for appellant.

      David L. Podell and Abraham Porter for respondent.
   Judgments reversed and motion denied, with costs in all courts. The facts shown are sufficient to entitle the defendant to a trial of the issues. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs and Loughran, JJ. Not sitting: Crouch and Finch, JJ.


text:
    Sidney Tish et al., Appellants and Respondents, v. Krueger Beverage Company, Respondent and Appellant.
    (Argued December 10, 1935;
    decided January 8, 1936.)

      David L. Podell, Jacob J. Podell, Benjamin Algase, Lester Lyons and Benjamin B. Hudes for plaintiffs, appellants and respondents.

      Edwin T. Murdoch and Wallace T. Stock for defendant, respondent and appellant.
   Order affirmed and judgment absolute ordered against the defendant-appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Ralph C. Teemley et al., Appellants, v. Warren W. Clute et al., Respondents.
    (Argued December 10, 1935;
    decided January 8, 1936.)

      Arthur R. Ellison for appellants.

      W. Earle Costello for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    John Bell, Respondent, v. Workmen’s Circle of America, Appellant.
    (Argued December 10, 1935;
    decided January 8, 1936.)

      John D. Lyons and Nellie Childs Smith for appellant.

      Ellsworth Baker and Milton T. Levenson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ, Not sitting: Crouch, J.


text:
    The People of the State of New York, Respondent, v. Samuel Rosenzweig, Appellant.
    (Argued December 10, 1935;
    decided January 8, 1936.)

      Charles Solomon, Louis P. Goldberg and Samuel S. Rosh for appellant.

      John J. Bennett, Jr., Attorney-General (David Aseh and Herman L. Weisman of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Berne A. Pyrke, as Commissioner of Agriculture and Markets of the State of New York, Respondent, v. Jacob A. Brudno et al., Defendants, and Indemnity Insurance Company of North America, Appellant. Berne A. Pyrke, as Commissioner of Agriculture and Markets of the State of New York, Respondent, v. Jacob A. Brudno, Defendant, and The Fidelity and Deposit Company of Maryland, Appellant.
    (Argued December 11, 1935;
    decided January 8, 1936.)

      Charles B. Sullivan and Warner M. Bouck for Indemnity Insurance Company of North America, appellant.

      P. C. Dugan for The Fidelity and Deposit Company of Maryland, appellant.

      John J. Bennett, Jr., Attorney-General (Henry Epstein and Wendell P. Brown of counsel), for respondent.
   In each case, judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    George L. Sawyer, Appellant, v. American Insurance Company of Newark, New Jersey, Respondent.
    (Argued December 11, 1935;
    decided January 8, 1936.)

      Simone N. Gasan for appellant.

      Arthur M. Boal and Francis J. Fitzpatrick for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    David Kershner, Appellant, v. Lillian Kershner, Respondent.
    (Argued December 11, 1935;
    decided January 8, 1936.)

      J. W. Friedman, Louis H. Supnick and Myron Wisoff for appellant.

      Philip F. Rosenberg, Milton Olshan and Paul Seiderman for respondent.
   Judgment affirmed, with costs against plaintiff; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Marie Boyne, Respondent, v. City of Buffalo, Appellant.
    (Argued December 11, 1935;
    decided January 8, 1936.)

      Gregory U. Harmon, Corporation Counsel (Bari J". Shanahan of counsel) for appellant,

      Willard M. Pottle and Philip J. O’Shea for respondent.
   Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on the ground that no negligence on the part of the defendant has been proved. (See Hamilton v. City of Buffalo, 173 N. Y. 72; Beltz v. City of Yonkers, 148 N. Y. 67.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J,


text:
    George S. Daso, as Trustee for Thomas & Buckley Hoisting Company, Respondent, v. United Hoisting Co., Inc., Appellant.
    (Argued December 10, 1935;
    decided January 8, 1936.)

      Hiram, Thomas, Hugh S. Williamson and Edward A. Craighill, Jr., for appellant.

      Bartholomew A. Moynahan, George A. Ferris and Alexander D. Diamond for respondent.
   Judgment affirmed, with costs, no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Joseph A. Broderick, as Superintendent of Banks of the State of New York, Plaintiff, v. Max Aaron et al., Defendants, Samuel Ungerleider et al., Individually and as Copartners Doing Business as Samuel Ungerleider & Co., Appellants, and Thomas Capek, Sr., et al., Respondents.
    (Argued December 12, 1935;
    decided January 8, 1936.)

      Mortimor S. Gordon, Herman Keller and Arthur J. Sleppin for appellants.

      Reginald F. Isaacs and Sam/uel Beinhart for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Harry L. Cohen, Inc., a Dissolved Corporation, by Samuel D. Miller, as Trustee for Creditors and Stockholders, Appellant, v. Peoples National Bank of Brooklyn, Respondent.
    (Argued December 12, 1935;
    decided January 8, 1936.)

      Frank W. Holmes and Joseph W. Schwartz for appellant.

      David S. Konheim and William Lurie for respondent.
   Order affirmed and judgment absolute ordered against the appellant on the stipulation, with costs in all courts; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Frank G. Carter, Respondent, v. John R. Bradlee et al., Copartners under the Firm Name of Henry W. Peabody & Co., Appellants.
    (Argued December 12, 1935;
    decided January 8, 1936.)

      J. Hampden Dougherty, Jr., and John D. Graves for appellants.

      S. S. Goldsmith and Charles Rabbins for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Baldwinsville State Bank, Appellant, v. Velvet Knit Corporation et al., Defendants, and George Reinhardt et al.. Respondents.
    (Argued December 12, 1935;
    decided January 8, 1936.)

      D. Charles O’Brien and Francis Preston for appellant. Jeróme K. Cheney for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Florence C. Harris, as Administratrix with the Will Annexed of Winifred I. F. Carr, Deceased, Appellant, v. The Westminster Presbyterian Society, Respondent.
    (Argued December 13, 1935;
    decided January 8, 1936.)

      Arthur J. Foley for appellant.

      S. W. Brennan and Everett F. Warrington for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Lena F. Robinowitz, Appellant, v. The City of White Plains, Respondent.
    (Submitted December 13, 1935;
    decided January 8, 1936.)

      Henry E. Stohldreier and Walter W. Westall for appellant.

      William R. Condit, Corporation Counsel (Samuel Faile of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Weprin & Glass Building Corporation, Respondent, v. Rosoff Subway Construction Co., Inc., Appellant.
    (Submitted December 13, 1935;
    decided January 8, 1936.)

      Jacob I. Goodstein for appellant.

      Murray L. Halpern and Paul Englander for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Claude Phelps, Respondent, v. James J. Sexton, Appellant.
    (Argued December 11, 1935;
    decided January 14, 1936.)

      F. A. W. Ireland for appellant.

      John J. Cunneen for respondent.
   Judgments reversed and new trial granted, with costs to abide the event. It was error to deny the defendant’s request to submit the issue of his negligence to the jury. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.


text:
    Will Lee, as Administrator of the Estate of Josie Lee, Deceased, Appellant, v. Pennsylvania Railroad Company, Respondent.
    (Submitted January 6, 1936;
    decided January 14, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 269 N. Y. 53.)


text:
    Royal Indemnity Company, Appellant, v. Preferred Accident Insurance Company of New York, Respondent.
    (Submitted January 13, 1936;
    decided January 14, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 268 N. Y. 566.)


text:
    The People of the State of New York ex rel. John Jobissy, Appellant, against Thomas H. Murphy, as Warden of Clinton Prison, Respondent.
    (Submitted January 6, 1936;
    decided January 14, 1936.)
   Motion for reargument denied. (See 268 N. Y. 695.)


text:
    Frances Whitney, Respondent, v. Lyric-Rochester Corporation, Appellant.
    (Submitted January 6, 1936;
    decided January 14, 1936.)

      Asher N. Shapiro for motion.

      Nicholas J, Weldgen opposed.
   Motion denied, with ten dollars costs.


text:
    Pearl Mowitz, an Infant, by David Mowitz, Her Guardian ad Litem, et al., Respondents, v. London Guarantee and Accident Company, Ltd., Appellant.
    (Argued January 6, 1936;
    decided January 14, 1936.)

      David Gorfinkel for motion.

      Edward A. Hannon opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Louise L. Arnold, Respondent, v. Kate D. Bertolini, Appellant, and Edward L. Tinker et al., Respondents, Impleaded with Another.
    (Submitted January 6, 1936;
    decided January 14, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 269 N. Y. 603.)


text:
    Helen Eisser, Respondent, v. The John Hancock Mutual Life Insurance Company of Boston, Massachusetts, Appellant.
    (Submitted January 6, 1936;
    decided January 14, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 269 N. Y. 516.)


text:
    The New York Lumber Trade Association et al., Appellants, v. Martin Lacey, Individually and as President of the Transportation Trades Council of the Port of New York and Vicinity, et al., Respondents, Impleaded with Others.
    (Submitted January 6, 1936;
    decided January 14, 1936.)
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto, after the words and the same hereby is affirmed with costs,” the following: this court having held that if there is any illegality in defendants’ action it arises from encroachment upon rights regulated by the Shipping Act; and that while this court has jurisdiction of the Labor Unions, yet the courts of this State should not grant an injunction until the Shipping Board has by its order defined the plaintiffs’ rights.” (See 269 N. Y. 595.)


text:
    Joseph Loporto et al., Appellants, v. The Druiss Company, Inc., Respondent, Impleaded with Another.
    (Submitted January 13, 1936;
    decided January 14, 1936.)
   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 Federal Constitution was presented and necessarily passed upon by this court, viz.: The appellants contended that sections 1077-a, 1077-b, 1077-c and 1077-e of the Civil Practice Act of New York State are invalid, null and void and violative of the provisions of the Constitution of the United States, particularly section 10 of article 1 and section 1 of the 14th Amendment. This court held that said sections of the Civil Practice Act of New York State are constitutional and not repugnant to the Federal Constitution in any respect.” (See 268 N. Y. 699.^


text:
    In the Matter of Brooklyn Edison Company, Inc., Respondent, against Maurice P. Davidson, as Commissioner of Water Supply, Gas and Electricity of the City of New York, Appellant.
    (Submitted January 13, 1936;
    decided January 14, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. No issue was decided except the one actually presented for determination. We did not undertake to decide to what other facts the statute applies. (See 269 N. Y. 48.)