text:
    431 Fifth Avenue Corporation, Respondent, v. City of New York, Appellant.
    Argued April 17, 1946;
    decided July 23, 1946.

      John J. Bennett, Corporation Comisel (William 8. Lehwohl, Charles C. Weinstein and Rose Sohneph of counsel), for appellant.

      Paul Windels, David B. Tolins and Julius J. Teller for respondent.

      Samuel D. Smoleff for Citizens Union of the City of New York, amicus curiae, in support of appellant’s position.

      Carl S. Stern, Edward Weinfeld and Blanche L. Miller for Citizens’ Housing Council of New York, Inc., amicus curiae, in support of appellant’s position.

      Albert S. Bard for Executive Committee of the New York Chapter of the American Institute of Architects, amicus curiae, in support of appellant’s position.
   On appeal from judgment, judgment affirmed, with costs. On appeal from order, order affirmed. Questions certified answered in the negative. No opinion.

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


source: Caselaw Access Project

license: Public Domain

text:
    Gertrude Sykes, Individually and as Administratrix of the Estate of Joseph W. Sykes, Deceased, Respondent, v. City of New York, Appellant.
    Argued May 27, 1946;
    decided July 23, 1946.

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

      Samuel Cooperman and Emanuel Rosenstein for respondent.
   Judgment affirmed, with costs. No opinion.

Concur: Lottghban, Ch. J., Lewis, Conway, Desmond and Fuld, JJ. Thacheb, J., dissents and votes to reverse and dismiss the complaint on the ground that plaintiff failed to prove death was caused by defendant’s negligénce. Taking no part: Dye, J.


text:
    In the Matter of the Estate of Isaac Mindheim, Deceased. Samuel J. Mindheim, as Executor of Isaac Mindheim, Deceased, Respondent; Helena R. Mindheim, Appellant.
    Argued June 6, 1946;
    decided July 23, 1946.

      Peter L. F. Sabhatino, Thomas J. TodarelU and Nicholas HJ Pinto for appellant.

      Earry Goodman for respondents.
   Order affirmed, with costs; no opinion.

Concur? Loughran, Ch. J., Lewis, Conway, Desmond,' Thaohbr and Fuld, JJ, Taking no part; Dye, J,


text:
    Carryl Ellis et al., Respondents, v. Columbian National Life Insurance Company, Appellant.
    Argue! June 10, 1946;
    decided July 23, 1946.

      Samuel M. Lane for appellant.

      David Goldstein, Lawrence Kovalsky and Arthur M. Laufer for respondents.
   Judgment affirmed, with costs, no opinion.

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


text:
    In the Matter of Sidney Rosenberg, Appellant, against Paul Moss, as Commissioner of Licenses of the City of New York, Respondent.
    Argued June 10, 1946;
    decided July 23, 1946.

      Howard A. Rosenberg for appellant.

      John J. Bennett, Corporation Counsel (Seymour B. Quel and Stanley Buchsbaum of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Herman Ackman et al., Copartners Doing Business under the Name of Ackman Brothers, Respondents, v. Deems Taylor, as President of American Society of Composers, Authors and Publishers, an Unincorporated Association, Appellant.
    Argued June 11, 1946;
    decided July 23, 1946.

      Herbert P. Jacoby, Louis D. Frohlich and Arthur H. Schwarts for appellant.

      Emanuel A. Stern for respondents.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Loughban, Oh. J., Lewis, Conway, Desmond, ' Thacheb and Fuld, JJ. Taking no part: Dye, J.


text:
    Catherine May, Appellant, v. 11½ East 49th Street Co., Inc., Respondent.
    Argued June 12, 1946;
    decided July 23, 1946.
   Judgment affirmed, without costs; no opinion.

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


text:
    Charles L. Andrews, Appellant, v. Travelers Insurance Company, Respondent.
    Argued June 13, 1946;
    decided July 23, 1946.

      Victor Levine and Albert E. Campbell for appellant.

      Lewis C. Ryan for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claims of Carmine Camardella et al., Appellants; David Bisnoff, Doing Business as Bisnoff Garment Company, Employer. Edward Corsi, as Industrial Commissioner, Respondent.
    Argued June 14, 1946;
    decided July 23, 1946.

      Normington Schofield for appellants.

      Nathaniel L. Goldstein, Attorney-General (Francis B. Curran and Wendell P. Brown of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Alexander Gross, Appellant, against William A. Adams, as Warden of City Prison, Respondent.
    Argued May 20, 1946;
    decided July 23, 1946.

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

      John J. Bennett, Corporation Counsel (Charles C. Weinstein, Seymour B. Quel and Joseph J. Lucchi of counsel), for respondent.

      Samuel Mermin, William Sardell, George Moncharsh, Milton Klein and Kenneth V. Fisher, for The Price Administrator, as amicus curiae, in support of respondent’s position.
   Order affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Fred Robinson, Appellant, et al., Defendants.
    Argued May 29, 1946;
    decided July 23, 1946.

      Leon H. Murray for appellant.

      Franh 8. Hogan, District Attorney (Whitman Knapp and Edward T. Perry of counsel), for respondent.
   Judgment affirmed; no opinion.

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


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, for an Order to Take Possession of the Property of and Rehabilitate the Westchester Title and Trust Company. In the Matter of a Plan of Readjustment of the Rights of the Holders of Investments in Mortgages Guaranteed by Said Company. (Series 89-B.) Robert E. Dineen, Superintendent of Insurance of the State of New York, as Liquidator of the Westchester Title and Trust Company, Appellant; Oliver W. Birckhead et al., as Successor Trustees, Respondents.
    Argued June 3, 1946;
    decided July 23, 1946.

      Joseph W. Bryan and Thomas D. Austin for appellant.

      Oliver K. King for respondents.
   Order affirmed, with costs; no opinion.

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


author: Lewis, J.,

text:
    Mohawk Carpet Mills, Inc., Respondent, v. State of New York, Appellant.
    (Claim No. 25201.)
    Argued June 4, 1946;
    decided July 23, 1946.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Edward L. Ryan and John R. Davison of counsel), for appellant.

      Coleman Taylor and William H. Dennison for respondent.
   Judgment affirmed, with costs; no opinion.

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

Lewis, J.,

dissents and votes to dismiss the appeal without prejudice to an application to the Court of Claims to enter a judgment upon the combined old and new findings and without prejudice to an appeal therefrom. Taking no part: Dye, J.


text:
    In the Matter of the Liquidation of Lawyers Title and Guaranty Company (160 East 48th St., New York City). Sidney S. Prince Foundation, Inc., on Behalf of Itself and Other Certificate Holders Similarly Situated, Petitioner-Appellant-Respondent; Chase National Bank of the City of New York, Respondent-Appellant, and Henry Weiner, as Trustee, Respondent.
    Argued June 5, 1946;
    decided July 23, 1946.

      Lawrence 8. Greenbaum, Theodore 8. Jaffin and Andrew R. Tyler for petitioner-appellant-respondent.

      William M. Evarts and Rudolf B. Schlesinger for respondent-appellant.

      Thomas Keogh and Joseph L. Maged for respondent trustee.
   Order affirmed, without costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conwat, Desmond, Thacheb and Fuld, JJ. Taking no part: Dye, J.


text:
    In the Matter of J. Stanley Steinberg, Appellant, against Carroll E. Mealey, as Commissioner of Motor Vehicles of the State of New York, Respondent.
    Submitted June 10, 1946;
    decided July 23, 1946.

      Nathaniel L. Goldstein, Attorney-General (Herman F. Nehlsen of counsel), for motion.
   No one opposed.

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


text:
    In the Matter of Tom Smith, Appellant, against Ashley T. Cole et al., as Members of the Racing Commission of the State of New York et al., Respondents.
    Submitted June 10, 1946;
    decided July 23, 1946.

      Martin A. Schenck, Harold C. McCollom and Kenneth W. Greenawalt for respondent Jockey Club, and Nathaniel L, Goldstein, Attorney-General (Samuel A. Hirshowitz, Wendell P. Brown and John P. Powers of counsel), for respondent Joint Board, for motions to dismiss appeal and opposition to petitioner’s motion for leave to appeal.

      Mathias F. Correa and John T. Cahill for motion for leave to appeal and in opposition to motions to dismiss appeal.
   Motions to dismiss appeal taken as of right granted and appeal dismissed, with costs and $10 costs of motion.

Motion for leave to appeal granted.


text:
    New York Credit Men’s Association, as Trustee in Bankruptcy of Louis Miller, Trading as Louis Miller & Co., et al., Appellant, v. Manufacturers Discount Corporation, Respondent.
    Submitted July 23, 1946;
    decided July 23, 1946.

      J. Jacob Hahn and Reuben Qolin for motion.

      Milton P. Kupfer and Frederick 8.Dansiger opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Bowery Savings Bank, Plaintiff, v. Frank A. Carucci, Defendant.
    Submitted July 23, 1946;
    decided July 23, 1946.

      Raphael H. Weissman and George A. Allano for motion. August W. Zaun and John J. Red field 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 the Probate of the Will of Elizabeth M. Miller, Deceased. Robert E. Swezey, Proponent, Appellant and Respondent; Clara L. Miller, Contestant, Respondent and Appellant.
    Submitted July 23, 1946;
    decided July 23, 1946.

      Irving 0. Kennedy for motion.

      David H. Moses opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Frances McKernan, as Limited Administratrix of the Estate of Matthew McKernan, Deceased, Appellant, v. New York Central Railroad Company, Respondent.
    Submitted July 23, 1946;
    decided July 23, 1946.

      Frank J. Macre for motion,

      John D. Bright opposed.
   Motion granted upon payment of $25 costs and disbursements.


text:
    Grace Wallau, Respondent, v. Alexander Wallau, Appellant.
    Submitted July 23, 1946;
    decided July 23, 1946.

      Monroe J. Cahn and Harold M. Miller for motion.

      William L. Bowman 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. Robert Hector, Appellant.
    Submitted July 23, 1946;
    decided July 23, 1946,

      Frank 8. Hogan, District Attorney (Whitman Knapp of counsel), for motion.
   No one opposed.

Motion granted and appeal dismissed.


text:
    The People of the State of New York ex rel. Myron Gillespie, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted July 23, 1946;
    decided July 23, 1946.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), for motion.
   No one opposed.

Motion granted and appeal dismissed.


text:
    In the Matter of Lew Rosenberg et al., Appellants, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued August 17, 1946;
    decided August 17, 1946.

      Samuel Coopermcm and Irving Maness for appellants.

      Abraham J. Mutter for Alfred A. Lama, respondent.

      John J. Bennett, Corporation Counsel (Bussell L. Tarbox of counsel), for Board of Elections.
   Order affirmed, without costs, on the authority of Matter of King v. Cohen (293 N. Y. 435). No opinion.

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


text:
    In the Matter of Milton E. Jacobowitz, Appellant, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York. George F. Young, Respondent.
    Argued August 17, 1946;
    decided August 17, 1946.

      Irving Lemov for appellant.

      Leo Dikman for respondent.

      John J. Bennett, Corporation Counsel (Russell L. Tarhox of counsel), for Board of Elections.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Lew Rosenberg, Appellant, against Jacob Gralla, Respondent.
    Argued August 17, 1946;
    decided August 17, 1946.

      Samuel Coopermcm for appellant.

      Abraham J. Multer for respondent.'

      John J. Bennett, Corporation Counsel (Bussell L. Tarbox of counsel), for Board of Elections.
   Order affirmed, without costs, on the authority of Matter of King v. Cohen (293 N. Y. 435). No opinion.

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


text:
    In the Matter of A. Albert Torre, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued August 17, 1946;
    decided August 17, 1946.

      Frank Lnongo for appellant.

      Abraham J. Mutter for respondent-objectant.

      John J. Bennett, Corporation Counsel (Russell L. Tarbox of counsel), for Board of Elections.
   Order affirmed, without costs, on the authority of Matter of King v. Cohen (293 N. Y. 435). No opinion.

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


text:
    In the Matter of Saul C. Cohen, Respondent, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York. Maurice E. Biederman, Appellant. In the Matter of Saul C. Cohen, Respondent, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and Maurice E. Biederman, Appellant. In the Matter of Maurice E. Biederman, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued August 17, 1946;
    decided August 17, 1946.

      Morris E. Paclier for appellant.

      Abraham J-. Multer for Saul Cf Cohen, respondent.

      John J. Bennett, Corporation Counsel (Russell L. Tarbox of counsel), for William J. Heffernan and others, constituting the Board of Elections of the City of New York, respondents.
   Orders affirmed, with costs. There was sufficient evidence to support the finding of the courts helow that when the appellant Biederman enrolled in the 16th election district of the 18th Assembly District, he knew that his residence was then in the 37th election' district of' that Assembly District. No opinion.

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


text:
    In the Matter of James W. Tuomey, Respondent, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York. Jerome G. Ambro, Appellant.
    Argued August 17, 1946;
    decided. August 17, 1946.

      Samuel M. Ostroff for appellant.

      Abraham J. Multer for respondent.

      John J. Bennett, Corporation Counsel (Bussell L. Tarbooo of counsel), for S. Howard Cohen et ah, constituting the Board of Elections of the City of New York.
   Memorandum: Some of the judges are of opinion that the appellant Ambro validly complied with section 335 of the Election Law but that view does not have the support of a majority of the court. Since the Appellate Division’s order of modification was made on the law alone, we lack the power to review the facts (Civ. Prac. Act, § 602). Hence, the order is affirmed, without costs. No opinion.

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


text:
    The People of the State of New York ex rel. Vincent Mummiani, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted July 23, 1946;
    decided October 3, 1946.
   Motion by appellant for 'reargument denied. [See 295 N. Y. 914]


text:
    The People of the State of New York ex rel. Carmine Pizza, Appellant, against John F. Foster, as Warden of Auburn State Prison, Respondent.
    Submitted July 23, 1946;
    decided October 3, 1946.

      Carmine Pizza, appellant in person.

      Nathaniel L. Goldstein, Attorney-General (Irving I. Wamman of counsel), for respondent.
   Motion for leave to appeal and to be heard on one original record and typewritten papers denied. Appeal taken as of right dismissed.


text:
    In the Matter of the Estate of Henry H. Rogers, Deceased. Albert Stickney et al., as Surviving Executors of Henry H. Rogers, Deceased, et al., Appellants; State Tax Commission, Respondent.
    Argued May 28, 1946;
    reargument ordered October 10, 1946.

      Hersey Egginton, Harold A. Donegan and Arthur W. Siegrist for surviving executors, appellants.

      Robert Gerstenlauer and Walter D. Fletcher for City Bank Farmers Trust Company and another, as surviving trustees, appellants.

      John F. Keating for Millicent A. Rogers and another, as surviving general guardians of Peter Salm, appellants.

      Mortimer M. Kassell, Francis Kelliher and Paul Newman for respondent.
   Reargument ordered and case set down for argument Tuesday, October 15, 1946.


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; reargued June 4, 1946;
    reargument ordered October 10, 1946.

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

      John E. Mach for respondents.
   Reargument ordered and case set down for argument Tuesday, October 15, 1946.


text:
    In the Matter of Robitzek Investing Co., Inc., et al., Respondents, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Appellants.
    Submitted September 30, 1946;
    decided October 10, 1946.

      Harry H. Chambers for motion.

      John J. Bennett, Corporation Counsel (Stanley Buchsbaum of counsel), opposed.
   Motion denied, with $10 costs.


text:
    Grace Wallau, Plaintiff, v. Alexander Wallau, Defendant.
    Submitted September 30, 1946;
    decided October 10, 1946.

      Monroe J. Calm for motion.

      William L. Bowman and William L. Sayers opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the judgment sought to be appealed from has not been passed upon by the Appellate Division.


text:
    Mary Ader, Individually and as Administratrix of the Estate of Morris Ader, Deceased, et al., Respondents, v. Sam Pollman et al., Appellants.
    Argued September 30, 1946;
    decided October 10, 1946.

      Jacob Ahs for motion. .

      8am Pollman, in person, opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion. [See 296 N. Y. 771.]


text:
    The People of the State of New York, Respondent, v. Anna Gruber, Appellant.
    Submitted September 30, 1946;
    decided October 10, 1946.

      Frank S. Hogan, District Attorney (Whitman Knapp of counsel), for motion.
   No one opposed.

Motion granted and appeal dismissed.


text:
    L. N. Jackson & Company, Inc., Appellant, v. Seas Shipping Company, Inc., Respondent.
    Submitted September 30, 1946;
    decided October 10, 1946.


text:
    Agnes O’K. Williams, Individually and as Administratrix of the Estate of Stanley Williams, Deceased, Respondent, v. Austin Saddlemire, Appellant, et al., Defendants.
    Submitted September 30, 1946;
    decided October 10, 1946.

      John M. Schneider for motion.
   No one opposed.

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


text:
    Catherine Myers, Respondent, v. Albany Savings Bank, Appellant.
    Submitted September 30, 1946;
    decided October 10, 1946.
   This court, in affirming

the judgments below, decided only that on the facts of this particular case, enforcement of defendant’s by-law requiring an indemnity bond is unreasonable. [See 296 N. Y. 562.]


text:
    In the Matter of the Accounting of Margaret M. Burnet, as Committee of the Estate of Frank McCann, an Incompetent Person. Anthony J. Graziano et al., Constituting the Firm of Graziano & Graziano, Attorneys for Margaret M. Burnet, as Committee of Frank McCann et al., Appellants. Frank T. Hines, Administrator of Veterans’ Affairs, Respondent.
    Submitted September 30, 1946;
    decided October 10, 1946.

      Frank Flipper for motion.

      Anthony J. Graziano opposed.
   Appeals of Margaret M. Burnet, as committee of Frank McCann, and of Mathew H. Brandenburg discontinued, without costs, on the stipulation of the parties.

Motion to dismiss appeal of Graziano & Graziano granted and appeal dismissed, with costs and $10 costs of motion unless said appellants serve and file an undertaking on appeal and pay $10 costs, within ten days, in which event motion rleuipA


text:
    In the Matter of John Romaner, Appellant, against Albert Williams, as Acting Police Commissioner of the City of New York, Respondent.
    Submitted September 30, 1946;
    decided October 10, 1946.

      Noáh Seedman for motion.

      John J. Bennett, Corporation Counsel (Henry J. Shields of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the application was not made within the time specified by subdivision 3 of section 592, of the Civil Practice Act.


text:
    Central Greyhound Lines, Inc., of New York, Appellant, v. Carroll E. Mealey et al., Constituting the State Tax Commission, Respondents.
    Submitted October 7, 1946;
    decided October 15, 1946.
   This court held that the aforesaid statute as so construed is not repugnant to that provision of the Federal Constitution.” [See 296 N. Y. 18.]


text:
    Henry H. Klein, Respondent, v. Joseph H. Biben, Doing Business under the Trade Name of The American Hebrew, Appellant, et al., Defendants.
    Argued October 1, 1946;
    decided October 17, 1946.

      Lester Samuels, Milton C. Weisman and Abraham Mopper for appellant.
    f Henry H. Klein, respondent in person.
   Order affirmed, with costs. First and second questions certified answered in the affirmative. Third and fourth questions certified answered in the negative. No opinion.

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


text:
    In the Matter of the Claim of Gertrude Welz, Respondent, against Markel Service, Inc. et al., Appellants. State Industrial Board, Respondent.
    Argued June 6, 1946;
    decided October 17, 1946.

      Charles P. Barre for appellants.

      Maurice Heilman and Norman Berlin for respondent,
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Dye and Fuld, JJ. Loughkan, Ch. J., Desmond and Thacheb, JJ., dissent and vote to reverse and dismiss the claim on the ground that the board’s findings against claimant were supported by substantial proof.


text:
    In the Matter of Leon A. Chikopsky et al., Appellants, against Patrick Walsh, as Commissioner of the Fire Department of the City of New York et al., Respondents.
    Argued September 30, 1946;
    decided October 17, 1946.

      David A. Savage and John F. O’Shea for appellants.

      John J. Bennett, Corporation Counsel (Seymour B. Quel and Helen B. Cassidy of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Franklin Square National Bank, Respondent, v. Great Atlantic Building Material Supply Corp. et al., Appellants, et al., Defendants.
    Submitted October 1, 1946;
    decided October 17, 1946.

      Louis Jobrach for appellants.

      Edwin R. Wolff for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of Francis X. Nulty, Appellant, against Board of Elections of Westchester County, Respondent.
    Argued October 14, 1946;
    decided October 17, 1946.

      Henry P. Rubin for appellant.

      Nathaniel L. Goldstein, Attorney-General {Leonard Rubenfeld, Robert H. Schaffer and Eleanor TJris of counsel), for respondent.

      Frank J. Claydon for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Bowery Savings Bank, Respondent, v. Frank A. Carucci, Appellant.
    Argued September 30, 1946;
    decided October 17, 1946.

      Raphael H. Weissman and George A. Aliano for appellant.

      August W. Zaun and John J. Redfield for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughean, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Fuld, JJ.


text:
    In the Matter of the Will of Mary B. Hinds, Deceased. Goodwill Industries of Buffalo, Inc., Appellant; Gerald W. Bradley, as Executor of Mary B. Hinds, Deceased, et al., Respondents.
    Argued October 1, 1946;
    decided October 17, 1946,

      Merton 8. Gibbs for appellant.

      Albert W. Bobbins for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Boleslaw Wyszynski, Respondent, v. Matrona Wyszynski, Appellant.
    Argued October 2, 1946;
    decided October 17, 1946.

      1. Maurice Wormser, Edward A. Scott, Jr., and Alfred T. Rowe for appellant.

      Joseph M. Conroy and Sigmond F. Sarnowski for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Frederic R. Coudert et al., as Executors of John J. Hoff, Deceased. James N. Vaughan, as Special Guardian of Alix E. Labouchere et al., Appellant; Frederic R. Coudert et al., as Executors of John J. Hoff, Deceased, et al., Respondents.
    Argued October 1, 1946;
    decided October 17, 1946.

      Thomas W. Kelly for respondents.
   Order affirmed, with costs to the respondents payable out of the estate. No opinion.

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


text:
    In the Matter of the Probate of the Will of William H. Morrison, Deceased. Frederick L. Chapman, as Executor of William H. Morrison, Deceased, Appellant and Respondent; Palmer B. Morrison et al., Respondents and Appellants, and Rose V. Wilson, as Executrix of John M. Wilson, Deceased, Respondent.
    Argued October 2,1946;
    decided October 17, 1946.

      John W. Kelly, Woolsey A. Shepard and Vincent L. Pitaro for Frederick L. Chapman, as executor, proponent, appellant and respondent.

      Frederick G. McLaughlin for Palmer B. Morrison, contestant, respondent and appellant. •

      Joseph T. Arenson and Joseph A. Coco for Public Administrator of County of New York, contestant, respondent and appellant.
   Order of Appellate Division affirmed, with costs to contestants payable out of the estate. Since probate was properly denied for lack of testamentary capacity, we neither consider nor decide whether the will propounded was procured through undue influence and fraud. No opinion.

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


text:
    Willard Adams, Respondent, v. State of New York, Appellant.
    (Claim No. 27117.)
    Submitted October 1, 1946;
    decided October 17, 1946.

      Nathaniel L. Goldstein, Attorney-General {Orrin G. Judd, Harold S. Coyne, John B. Davison, Charles F. Steele and Kenneth J. Dugan of counsel), for appellant.

      Ernest B. Morris and Edward G. Dillon for respondent.
   Judgment affirmed with costs; no opimon.

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


text:
    The People of the State of New York ex rel. James Morrison, Appellant, against John F. Foster, as Warden of Auburn Prison, Respondent.
    Submitted October 2, 1946;
    decided October 17, 1946.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Patrick fl. Chine, W. S. Elder, Jr., and Irving I. Waxman of counsel), for respondent.
   Appeal dismissed on the ground that no constitutional question is directly involved. No opinion. [See 296 N. Y. 748.]

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


text:
    In the Matter of Patrick J. Hannigan, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued October 14, 1946;
    decided October 17, 1946.

      James G. Donovan for appellant.
    ■ Allen Goodwin, Michael F. Pinto and Franh J. Franzino for respondent.

      John J. Bennett, Corporation Counsel (Bussell L. Tarbox of counsel), for Board of Elections.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, by Frank C. Moore, Comptroller, Appellant, v. Lawrence Tenhuisen et al., Respondents, et al., Defendants.
    Argued October 1, 1946;
    decided October 17, 1946.

      Nathaniel L. Goldstein, Attorney-General (Arthur W. Matt-son, Wendell P. Brown, Douglas 8. Rider, Edward W. Boch, Royal D. Woolsey and Joseph A. Drago of counsel), for appellant.

      Clarence G. Piclcard and Murle L. Rowe for Ivan B. Klomp and others, respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Seymour A. Cole, Respondent, against Ray Lybolt et al., Constituting the Board of Fire and Police Commissioners of the City of Fulton, Appellants.
    Argued October 2, 1946;
    decided October 17, 1946.

      Irving G. Hubbs, William S. Millich and Dwight L. Murphy for appellants.

      Marry M. Stacy for respondent.
   Order of Appellate Division reversed, the proceeding dismissed and determination of the appellants confirmed with costs, on the ground that the determinatitin of the appellants as to the serious nature of the charges and as to petitioner’s guilt was supported by substantial evidence. No opinion.

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


text:
    Norman Lamica, Respondent, v. Katherine M. Vollmer, as Executrix of Charles H. Vollmer, Deceased, Doing Business under the Name of Vollmer Transportation Company, Appellant.
    Argued September 30, 1946;
    decided October 17, 1946.

      Patrick J. Tierney and Ira E. Michael for appellant.

      James A. Leary, Walter A. Fullerton and Francis J. Neddo for respondent.
   Judgment affirmed with costs; no opinion. [See 296 N. Y. 746.]

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


text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under an Agreement Made with Patrick McGovern and Others, Respondent. Edna M. Crane et al., Appellants; Richard Drukker, Jr., et al., Respondents.
    Argned October 1, 1946;
    decided October 17, 1946.

      Jacob M. Mandelbaum and Morris Mitchell for appellants.

      Elmer J. Hoare for trustee, respondent.

      Charles E. Strong, guardian ad litem, for Richard Drukker, Jr., and others, infants, respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Alexander Shanik et al., on Their Own Behalf and on Behalf of All Holders of Participating Stock of Empire Power Corporation, Respondents, v. Empire Power Corporation et al., Appellants. Kenneth F. Clark et al., as Holders of Certain Cumulative Participating Stock of Empire Power Corporation, on Behalf of Themselves and All Other Stockholders Similarly Situated, and on Behalf of Said Empire Power Corporation, Respondents, v. Empire Power Corporation et al., Appellants.
    Argued October 2, 1946;
    decided October 17, 1946.

      Ralph Stout and Stephen Callaghan for appellants:

      Milton Pollack, Ignatius M. Wilkinson and H. Paul Shanik for respondents.
   Judgment affirmed, with costs. No opinion.

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


text:
    Ambassador Management Corporation et al., Appellants, v. Incorporated Village of Hempstead, Respondent.
    Argued September 30, 1946;
    decided October 17, 1946.

      C. H. Tunnicliffe Jones and George P. Krug for motion.

      Henry Waldmcm and Samuel M. Levy opposed.
   Motion granted and appeal dismissed, with costs on the ground that no constitutional question is directly involved.


text:
    The People of the State of New York ex rel. West Side Tennis Club, Petitioner, against Rollin Browne et al., Constituting the Tax Commission of the State of New York, Respondents.
    Submitted October 7, 1946;
    decided October 17, 1946.

      Nathaniel L. Goldstein, Attorney-General (John C, Grary, Jr., of counsel), for motion.

      Lyle Evans Mahon opposed. '
   Motion granted and appeal dismissed, with costs, and $10 costs of motion.


text:
    Stampers Arrival of Buyers, Inc., Respondent, v. City of New York et al., Appellants.
    Submitted October 7, 1946;
    decided October 17, 1946.


text:
    Hill Packing Company, Respondent, v. City of New York et al., Appellants.
    Submitted October 14, 1946;
    decided October 17, 1946.
   ‘ ‘ This Court necessarily considered and passed upon a question under the Federal Constitution, as appears more fully from the opinion herein.” [See 295 N. Y. 527.]


text:
    In the Matter of the Accounting of Katharine D. Gruner, as Administratrix with the Will Annexed of Otto H. Gruner, Deceased, Respondent. New York Trust Company, Appellant; United States of America et al., Respondents.
    Submitted October 14, 1946;
    decided October 17, 1946.

   That court may, if so advised, receive

evidence of facts not presented by the record before us, which are found to be necessary for a proper determination of the proceeding within the principles outlined in our opinion. [See 295 N. Y. 510.]


text:
    Marie Nelson et al., Appellants, v. Salem Danish Lutheran Church, Respondent.
    Submitted October 14, 1946;
    decided October 17, 1946.

      Constantine Begusis and William E. Lowther for motion.

      Herbert L. Fine opposed.
   Motion denied, with $10 costs.


text:
    The People of the State of New York, Respondent, v. Henry Pina, Appellant.
    Argued October 7, 1946;
    decided October 18, 1946.

      Max Fruchtman and Martin Weintraub for appellant.

      Frank 8. FLogcm, District Attorney (Sylvia Jaffin Singer and Whitman Knapp of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Marguerite Clement, Respondent, v. Albert Merker, Appellant.
    Argued October 2, 1946;
    decided October 18, 1946.

      Edward J. Grenier for appellant.

      John J. Murphy for respondent.
   Judgments reversed, without costs, and plaintiff’s motion for summary judgment denied upon the ground that the record submitted by both parties reveals a controversy involving issues of fact which should be tried (Rules Civ. Prac., rule 113; Curry v. Mackenzie, 239 N. Y. 271, 272.) No opinion.

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


text:
    The People of the State of New York, Respondent, v. Jay Mitchell, Margaret Acquista and Jessica Norman, Appellants.
    Argued October 7, 1946;
    decided October 18, 1946.

      Stanley A. Katcher for Jay Mitchell and Jessica Norman, appellants.

      Morris L. Ernst, Alexander Lindey and Theodora S. Zavin for The Society of Magazine Photographers, amicus curiae.

      Frank S. Kogan, District Attorney (Whitman Knapp and David Du Vivier of counsel), for respondent.
   Judgments reversed and informations dismissed upon the ground that the evidence was insufficient to establish the guilt of any of the defendants beyond a reasonable doubt. No opinion.

Concur;1 Lewis, Conway, Thacheb, Dye and Fuld, JJ. Loughban, Cb. J., and Desmond, J., concur as to the defendants Acquista and Norman, but dissent and vote to affirm the judgment as to the defendant Mitchell.


text:
    Edward A. Mesick, Jr., an Infant, by Edward A. Mesick, His Guardian ad Litem, et al., Respondents, v. Irwin S. Polk et al., Doing Business under the Name of Polk’s Model Craft Hobbies, Appellants, et al., Defendants.
    Argued September 30, 1946;
    decided October 18, 1946.

      J. Leonard Stoll and Monroe J. Winsten for appellants.

      William A. Michel for respondents.
   Order reversed and complaint dismissed, with costs in all courts, and question certified answered in the negative, on the ground that there was no duty upon a mere vendor to warn the ultimate purchaser against exposure of the capsule to heat. No opinion.

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


text:
    Cornelia Stever, an Infant, by Catherine Stever, Her Guardian ad Litem, Respondent, v. Associated Transport, Inc., et al., Appellants.
    Argued October 4, 1946;
    decided October 18, 1946.

      J, Stanley Carter for appellants. ■

      George N. Meyl and Arthur B. Lanphier for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Estate of Henry H. Rogers, Deceased. Albert Stickney et al., as Surviving Executors of Henry H. Rogers, Deceased, et al., Appellants; State Tax Commission, Respondent.
    Argued May 28, 1946; reargued October 15, 1946;
    decided October 18, 1946.

      Kersey Egginton, Karold A. Donegan and Arthur W. Siegrist for executors, appellants.

      Robert Gerstenlauer and Waiter D. Fletcher for trustees, appellants.

      John F. Keating for general guardians of Peter Salm, appellants.

      Mortimer M. Kassell, Francis Kelliher and Paul Newman for respondent.
   Order affirmed, with costs payable out of the estate; no opinion. [See 296 N. Y. 772.]

Concur: Loughban, Ch. J., Desmond, Dye and Townley, JJ. Lewis, Conway and Fuld, JJ., dissent in the following memorandum:

We are asked upon this appeal to overrule a long line of decisions by this court, in the interests of uniformity, because the Supreme Court of the United States has recently decided contrariwise. While the rule of uniformity is entitled to great weight and would ordinarily persuade us.to follow the. Supreme Court’s construction of the Federal prototype of our estate tax law, we cannot see our way clear to do so here.

It has long been settled in this State that where the exercise of a general testamentary power of appointment transfers no more to the beneficiary than he would have received — in default of such exercise — under the instrument creating the power, the property is deemed, for the purposes of death taxation, to have passed under the latter instrument by operation of law, and is, therefore, not taxable in the estate of the donee. (Matter of Vanderbilt, 281 N. Y. 297, affg. 163 Misc. 667, affd. sub nom. Whitney v. Tax Commission, 309 U. S. 530; Matter of Duryea, 277 N. Y. 310; Matter of Sandford, 277 N. Y. 323; Matter of Slosson, 216 N. Y. 79; Matter of Lansing, 182 N. Y. 238; Matter of Morgan, 164 App. Div. 854, affd. 215 N. Y. 703; Matter of Hoffman, 161 App. Div. 836, affd. 212 N. Y. 604; Matter of Haight, 152 App. Div. 228; Matter of Chapman, 138 App. Div. 923, affd. 199 N. Y. 562, 133 App. Div. 337, appeal dismissed 196 N. Y. 561; Matter of Lewis, 129 App. Div. 905, aifd. 194 N. Y. 550; Matter of Haggerty, 128 App. Div. 479, affd. 194 N. Y. 550; Matter of Ripley, 122 App. Div. 419, affd. 192 N. Y. 536; Matter of Backhouse, 110 App. Div. 737, affd. 185 N. Y. 544; see, also, Matter of Grinnell, 183 Misc. 109; Matter of Lichtenstein, 177 Misc. 320; Matter of Irvin, 137 Misc. 666; Matter of Rynear, 130 Misc. 804; Matter of Tuckermaann, 130 Misc. 806; Matter of Canda, 114 Misc. 161, revd. on other grounds, but approved on this point, 197 App. Div. 597, 600; Matter of Chauncey, 102 Misc. 378.) The rule, so repeatedly reaffirmed by this court and so regularly applied by the courts of the State, impresses us as having solid foundation both upon reason and upon legal principle. And, indeed, the soundness of the rule of this State was confirmed by decision of the Supreme Court of the United States itself. (Helvering v. Grinnell, 294 U. S. 153.) But in Estate of Rogers v. Commissioner (320 U. S. 410) which involved the Federal estate tax upon the estate of the decedent herein, the Supreme Court (Stowe, Ch. J., and Roberts, J., dissenting) chose, in the interests of “ the federal fisc ”, to depart from settled principle.

In our opinion, no defect in reason or logic has been advanced which warrants our repudiation of the rule heretofore adopted by this court. Reversal of the order herein is accordingly indicated, unless we are compelled, in the interests of uniformity of estate tax administration, to abandon oür own rules whenever they conflict with Federal decisions in such matters.

The “ rule ” or “ doctrine ”— if such it may be called — of uniformity grows out of the fact that the New York estate tax law (Tax Law, art. 10-C) was purposely modeled upon the Federal estate tax law to simplify the legal and administrative work involved (N. Y. Legis. Doc., 1930, No. 69, p. 195). Originating in the Surrogate’s courts (see, e.g., Matter of French, 148 Misc. 313, 314; Matter of Chollet, 148 Misc. 782, 784), and thereafter adopted by this court (Matter of Weiden, 263 N. Y. 107; Matter of Cregan, 275 N. Y. 337; Matter of Pratt, 289 N. Y. 621; Matter of Russell, 294 N. Y. 99), the rule is simply an acknowledgment by the courts of their inclination and disposition to be guided — in the interest of uniformity — by the Supreme Court decisions construing the Federal statute. There is nothing of compulsion in the rule, nothing which demands conformity; this count has not committed itself to a blind conformity, an automatic and mechanical acceptance of every Supreme Court decision. Rather, the rule should be regarded merely as a sign post — though, withal, a persuasive one — pointing the desirability of following those decisions.

The rule has, up to the present, been applied only (1) in cases of first impression and (2) in cases where the question involved — though previously passed upon by this court in connection with prior tax laws — is being raised for the first time under the estate tax law. We do not believe that its application should be extended to cases where the precise point in issue has already been raised and passed upon under the existing estate tax law. More particularly, we do not believe that the court is either compelled to, or should, in the interests of uniformity, abandon a construction of the New York estate tax law — a construction not only in accord with our previously settled and well-considered opinion, but one previously approved and adopted by the Supreme Court itself and by it applied to the Federal estate tax law. (Helvering v. Grinnell, supra, pp. 156-157.) Under all of the circumstances, we choose to adhere to our settled rule.

The order of the Appellate Division should be reversed, with costs, and the order of the Surrogate’s Court affirmed.

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


text:
    In the Matter of Spencer C. Young, Respondent. Farrell Dobbs et al., as Candidates of Socialist Workers Party, Appellants.
    Argued October 25, 1946;
    decided October 25, 1946.

      Milton G. Winston for appellants.

      Robert E. Whalen, Sharon J. Mauhs, Robert J. Laffin, George Myers, Sol Rubenstein and Russell G. Runt for respondent.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison of counsel), for Secretary of State.
   Order affirmed, without costs. Application by Secretary of State to cancel and revoke by telegram his certification of the candidates, etc., granted. No opinion.

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


text:
    In the Matter of Spencer C. Young, Respondent. Coleman B. Cheney et al., as Candidates of Socialist Party, Appellants.
    Argued October 25, 1946;
    decided October 25, 1946.

      Joseph G. Glass for appellants.

      Robert E. Whalen, Sharon J. Mauhs, Robert J. Laffin, George Myers, Sol Rubenstein and Russell G. Runt for respondent.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison of counsel), for'Secretary of State.
   Order affirmed, without costs on the authority of Matter of Young (Industrial Government Party) (296 N. Y. 684), decided herewith. Application by Secretary of State to cancel and revoke by telegram his certification of the candidates, etc., granted. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway and Dye, JJ. Desmond, Thacheb and Fuld, JJ., dissent for reasons stated in their dissenting memorandum in Matter of Young (Industrial Government Party) (296 N. Y. 684), decided herewith.


text:
    In the Matter of Spencer C. Young, Respondent. Aaron M. Orange et al., as Candidates of Industrial Government Party, Appellants.
    Argued October 25, 1946;
    decided October 25, 1946.

      Jacob Goldsmith for appellants.

      Robert E. Whalen, Sharon J. Mauhs, Robert J. Laffin, George Myers, Sol Rubenstein and Russell G. Hunt for respondent.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison of counsel), for Secretary of State.
   Order affirmed, without costs on the authority of Matter of Crosbie v. Cohen (281 N. Y. 329); Matter of McElroy v. Cohen (286 N. Y. 686) and Matter of Hall v. Heffernan (295 N. Y. 599). Application by Secretary of State to cancel and revoke by telegram his certification of the candidates, etc., granted. No opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway and Dye, JJ. Desmond, Thacheb and Fuld, JJ., dissent in following memorandum:

An independent body called the “ Industrial Government Party ” filed with the Secretary of State a petition under section 137 of the Election Law, designating a complete set of candidates for the State-wide offices to be voted on this year. The courts below have held those petitions invalid and ordered the names of the candidates stricken from the ballots. It is not disputed that the petitions contain the signatures of more than 12,000 voters, of whom at least fifty reside in each county of the State (those being the requirements of section 137, subdivision 4 for“ independent nominations ”). The petitions have been ruled out because of certain alleged omissions in the affidavits signed by the witnesses who authenticated the voters’ signatures in some of the counties. The first of these alleged defects consists of the failure of the authenticating witness, in the petitions signed by voters in sixteen counties, to state in what assembly districts and election districts the witnesses resided in the year when they last registered which in each instance was 1944. Each of these authenticating witnesses (in the sixteen counties in question) stated in his or her affidavit the year of his or her last registration and the full residence address from which he or she registered at that time. Each of those witnesses then stated in his or her authenticating affidavit the election district and assembly district in which that residence now is. Those statements in those affidavits comply literally and exactly with the requirements found in section 135 for the second and third sentences of an authenticating witness’ affidavit.

The only other defect found in this whole batch of petitions is this: the authenticating witness on the Sullivan County petitions (Sullivan not being one of the sixteen counties referred to in the preceding paragraph) correctly stated his present residence and his residence when he last registered but erred in giving the number of the election district from which he last registered, giving it as “ 3 ” instead of “ 5 ”. No one was, or could well have been, led astray by that small error, since the witness correctly stated the village, town and county in which he now resides and the village, town and county in which he registered in 1944. This court has in previous decisions invalidated petitions for somewhat similar errors but, in our view, to throw out these Statewide petitions and strike these candidates from the ballot because of this small mistake by one witness in one county is to impose too drastic a penalty. There must be some point where the necessity of enforcing the numerous strict requirements of this statute is of less compelling force than the resulting deprivation of the right to nominate and vote for the candidates of one’s choice.

The order should be reversed, the proceeding dismissed and the Secretary of State directed to take the necessary steps to see that the names of these candidates are on the ballot.


text:
    In the Matter of Ross J. Di Lorenzo, Appellant, against William J. Heffernan, et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Harry M. Alfert for appellant.

      George Eilperin for respondent.
   Order affirmed, without costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thaohbb, Dyb and Fold, JJ,


text:
    In the Matter of Floyd Chamberlain, Appellant, against Everett L. Vroman et al., Constituting the Board of Elections of the County of Schoharie, et al., Respondents. James Sternburgh et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Victor Levine for appellant.
    No appearance for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of David F. Daly, Appellant, against Archie D. Gibbs et al., Constituting the Board of Elections of Chenango County, et al., Respondents. Alan Douglas et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Willis D. Morgan for appellant.

      Nellie Gordon for Alan Douglas and others, respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Almon V. Wooster, Appellant, against Otis A. Leonard et al., Constituting the Board of Elections of the County of Chemung, et al., Respondents. Arthur J. Chandler et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      George L. Richardson for appellant.

      Edward W. Eaton for Arthur J. Chandler and others, respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Edward V. O’Hare, Jr., Appellant, against Otis A. Leonard et al., Constituting the Board of Elections of Chemung County, et al., Respondents. Thomas J. Banfield et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Edward W. Eaton for Thomas J. Banfield and others, respondents.
   Order affirmed, without costs; no opinion. ■

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


text:
    In the Matter of Benjamin F. Levy, Respondent. James L. Burke et al., Appellants.
    Argued October 25, 1946;
    decided October 25, 1946.

      James L. Burke for appellants.

      Robert P. McDowell for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Leo J. Rosett et al., Appellants, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Copal Mints for appellants.

      Louis J. Lefkowits for Howard Henig, respondent.

      Murray I. Qurfein for Lester Baum and another, amici curia.

   Order affirmed, without costs. No opinion.

Concur: Lotjghean, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and £uld, JJ.


text:
    In the Matter of Thomas G. Young, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Copal Mints for appellant.

      Alfred L. Tans for Ccana J. Napper, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Raymond Orsini, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Copal Mints for appellant.

      Jacob Markowitz and Edward J. Ennis for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Arthur G. Klein, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued October 25, 1946;
    decided October 25, 1946.

      Copal Mints for appellant.

      Louis J. Lefkowits and Paxton Blair for respondents.
   Order affirmed, without costs; no opinion.

Concur: L'oughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Elmer E. Bogart et al., Appellants, v. County of Westchester et al., Respondents.
    Argued October 8, 1946;
    decided November 14, 1946.

      Leo T. Kissam, Charles E. Powers and Joseph F. O’Neill for appellants.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and John C. Crary, Jr. of counsel), appearing under section 68 of the Executive Law.

      Charles C. Collins for American Automobile Association, amicus curios.

      William A. Davidson, Westchester County Attorney■ (William F. Bleakley and Frank J. Clayton of counsel), for respondents.
   Appeal dismissed with costs, on the ground that no substantial constitutional question is directly involved. No opinion.

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


text:
    Lea Haines, Respondent, v. City of New York, Appellant.
    Argued October 9, 1946;
    decided November 14, 1946.

      John J. Bennett, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for appellant.

      Harry E. Kreindler, Frederick Travers and Arthur Blocksherg for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Saul Wolf, Appellant, v. Irving Furie, Respondent.
    Argued October 10, 1946;
    decided November 14, 1946.

      George J. Rudnick for appellant.

      Philip Feldman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Elaine Staszewski, an Infant, by Stanislaus Staszewski, Her Guardian ad Litem, Respondent, v. City of Rochester, Appellant.
    Argued October 14, 1946;
    decided November 14,' 1946.

      William 27. Emerson, Corporation Counsel, for appellant. Charles D. Mercer for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    William B. Vrooman, Appellant, v. Emma I. Vrooman, Respondent.
    Argued October 7, 1946;
    decided November 14, 1946.

      Fred J. O’Donnell for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Elizabeth M. Dolan, Respondent, v. Harry T. Dolan, Appellant.
    Argued October 8, 1946;
    decided November 14, 1946.

      Harry T. Dolan, appellant in person.

      Edwin L. La Crosse and John A. Bolles for respondent.
   Judgment of Appellate Division reversed, without costs, and the case remitted to the Appellate Division for compliance with section 602 of the Civil Practice Act. No opinion.

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


text:
    Frank Avignone, Respondent, v. Sixcorn Realty Corp., Defendant, et al., Appellant.
    Argued October 10, 1946;
    decided November 14, 1946.

      Patrick E. Gibbons and E. C. Sherwood for appellant.

      Morris Cooperstein and Jacob W. Friedman for respondent.
   Judgments reversed and complaint dismissed, with costs in all courts, upon the ground that there was no evidence of defendant’s negligence. No opinion.

Concur: Loughban, Ch. J., Thacheb, Dye and Fuld, JJ. Lewis, Conway and Desmond, JJ., dissent and vote for reversal and a new trial.


text:
    Aldine Metal Products Corporation, as Assignee of Murray Stein et al., Copartners under the Name of Aldine Metal Products Company, Appellant, v. Bogert and Carlough Company, Respondent.
    Argued October 8, 1946;
    decided November 14, 1946.

      Veit E. Kaufmcmn for appellant.

      Clarence Sage Woodman and Clyde A. Bogert for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Alice Berwanger, Appellant, v. City of New York, Respondent.
    Submitted October 7, 1946;
    decided November 14, 1946.

      Robert Hill Nix for appellant.

      John J. Bennett, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.
   Judgment affirmed, with costs. No opinion.

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


text:
    Elaine Jacobs, as Administratrix of the Estate of Bernard Klein, Deceased, Appellant, v. Union Railway Company of New York City, Respondent.
    Argued October 9, 1946;
    decided November 14, 1946.

      Aaron Frank, Gustave G. Rosenberg, Benjamin Eigg, Albert 0. Pitcher and Samuel Morganroth for appellant.

      Addison B. Scoville and Archibald C. Mayo for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Edwin A. Hall, Appellant, v. Binghamton Press Company et al., Respondents.
    Argued October 15, 1946;
    decided November 14, 1946.

      Paul T. Gorman for appellant.

      A. Lawrence Abrams for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Jeanne Klotz et al., Appellants, v. Dorothy Ganz, Respondent, et al., Defendants.
    Argued October 10, 1946;
    decided November 14, 1946.

      Jacob D. Fuchsberg and Henry E. Cohen for appellants.

      William J. Magee and E. C. Sherwood for respondent.
   Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the defendant shared with her tenants occupation and control of the property in question. No opinion.

Concur: Lewis, Conway, Desmond and Fuld, JJ. Loughban, Ch. J., Thacher and Dye, JJ. dissent and vote to affirm.


text:
    John P. Crane et al., Appellants, v. City of New York, Respondent.
    Argued October 14, 1946;
    decided November 14, 1946.

      David A. Savage, John F. O’Shea and Frank A. Rossini for appellants.

      John J. Bennett, Corporation Counsel (Seymour B. Quel and Helen R. Cassidy of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Edward Salzcynski and Andrew Rodeghiero, Appellants.
    Argued October 16, 1946;
    decided November 14, 1946,

      John S. McGovern for appellants.

      Leo J. Eagerty, District Attorney, Erie County (Maurice Frey of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York ex rel. Val R. Wittich, Jr., Appellant, against Rollin Browne et al., Constituting the State Tax Commission, Respondents.
    Argued October 7, 1946;
    decided November 14, 1946.

      Paul L. Glugston for appellant.

      Nathaniel L. Goldstein, Attorney-General (John G. Crary,Jr., and Wendell P. Brown of.counsel), for respondents.
   Order affirmed, with costs. No opinion.

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


text:
    New England Industries, Inc., Appellant, v. Charles J. Margiotti, Respondent, et al., Defendants. General Atlantic Steamship Corporation, Appellant, v. Charles J. Margiotti, Respondent, et al., Defendants.
    Submitted October 8, 1946;
    decided November 14, 1946.

      William E. Handel, Abraham L. Pomerants and Karl J. Schumer for appellants.

      Joseph K. Guerin and Herbert Goldmark for respondent.
   In each action order affirmed, with costs. Question certified answered in the negative. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Ernest Johnson, Appellant.
    Submitted October 9, 1946;
    decided November 14, 1946.

      Samuel Levy for appellant.
    ' William M. Nicoll, District Attorney (Emmet J. Lynch of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Irving D. Pangburn, Appellant.
    Submitted October 9, 1946;
    decided November 14, 1946.

      Samuel Levy for appellant.

      William M. Nicoll, District Attorney (Emmet J. Lynch of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Elizabeth Randolph, Appellant.
    Submitted October 9, 1946;
    decided November 14, 1946.

      Samuel Levy for appellant.

      William M. Nicoll, District Attorney (Emmet J. Lynch of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Carmen Vinci, Appellant.
    Submitted October 9, 1946;
    decided November 14, 1946.

      Samuel Levy for appellant.

      William M. Nicoll, District Attorney (Emmet J. Lynch of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    George Holmes et al., Respondents, v. Long Island Rail Road Company, Appellant.
    Argued October 14, 1946;
    decided November 14, 1946.

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

      Harry Hartman and Louis A. Ascher for plaintiff.
   Judgment affirmed, with costs. No opinion.

Concur; Loughran, Ch. J., Lewis, Conway, Desmond and Fuld, JJ. Thacher and Dye, JJ., dissent on the ground that the plaintiff Holmes was guilty of contributory negligence as matter of law.


text:
    In the Matter of the Probate of the Will of Elizabeth M. Miller, Deceased. Robert E. Swezey, Appellant; Clara L. Miller, Respondent.
    Argued October 16, 1946;
    decided November 14, 1946.

      Irving G. Kennedy and Alton W. Teale for appellant.

      John E. Mach and David H. Moses for respondent.
   Order affirmed, with costs to the contestant payable out of the estate. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Donald P. Ackley, Appellant.
    Argued October 8, 1946;
    decided November 14, 1946.

      jHarry S. Travis for appellant.

      Robert 0. Brink, District Attorney (Samuel W. Bernstein of counsel), for respondent.
   Judgment affirmed. No opinion. [See 296 N. Y. 825.]

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


text:
    In the Matter of Ralph C. Tobin et al., Constituting the Board of Trustees of the Seventh Regiment Armory Building in the City of New York, Respondents, against William O’Dwyer et al., Constituting the Board of Estimate of the City of New York, Appellants.
    Argued October 17, 1946;
    decided November 14, 1946.

      John J. Bennett, Corporation Counsel (William S. Lebwohl and Seymour B. Quel of counsel), for appellants.

      John F. O’Byam, and Charles H. George for respondents.
   Order aErmed, with costs. No opinion.

Concur: Lotjghban, Ch. J., . Lewis, Conway, Desmond, Thacbeb, Dye and Fuld, JJ,


text:
    Addie L. Stickler, Appellant, v. William P. Ryan et al., Respondents.
    Submitted October 14, 1946;
    decided November 14, 1946.

      Harold E. Simpson and James F. O’Connor for motion.
   No one opposed.

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


text:
    Helen K. Lapchak, Appellant, v. Robert C. Hardy et al., Respondents, et al., Defendants.
    Submitted November 12, 1946;
    decided November 14, 1946.

      William E. Eatidek for motion.
   No one opposed.

Motion granted.


text:
    In the Matter of Joel Hafter, Appellant, against Eagle Fish Co., Inc., et al., Respondents.
    Submitted November 12, 1946;
    decided November 14, 1946.


text:
    The People of the State of New York, Respondent, v. Harold K. White, Appellant.
    Argued October 17, 1946;
    decided November 21, 1946.

      W. Earle Costello and Morris Barash for appellant.

      Marry K. Morton, District Attorney, Steuben County, for respondent.
   Judgment affirmed; no opinion.

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


text:
    Doyle Detective Bureau, Respondent, v. Precision Fabricators, Inc., Appellant.
    Argued October 18, 1946;
    decided November 21, 1946.

      Meyer Fix for appellant.

      Francis A. O'Brien for respondent.
   Judgment affirmed, with costs. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Nathan Kornblith, Appellant.
    Submitted October 9, 1946;
    decided November 21, 1946.

      John McKim Minton for appellant.

      Franlt 8. Hogan, District Attorney, New YorTc County [Eugene A. Leiman, Whitman Knapp arid'David Du Vivier of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Francis Walker, Appellant.
    Submitted October 18, 1946;
    decided November 21, 1946.

      Benjamin J. Jacobson and Joseph S. Moore for appellant. Charles P. Sullivan, District Attorney, Queens County (John H. W. Krogmann of counsel), for respondent.
   Judgments reversed and indictment dismissed on the ground that there is no evidence of culpable negligence of the defendant. No opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thachee, Dye and Fuld, JJ.


author: Conway and Desmond, JJ.,

text:
    Vera Dennis, Appellant, v. Rockefeller Center, Inc., Respondent, et al., Defendants.
    Argued October 14, 1946;
    decided November 21, 1946.

      Roger Rinds for appellant.

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

Concur: Loughran, Ch. J., Lewis,. Thaohee, Dye and Fuld, JJ.

Conway and Desmond, JJ.,

dissent and vote for reversal and a new trial on the following grounds: The case went to the jury on the erroneous theory that the defendant landlord was under a general duty to keep the leased premises in repair, instead of on the appropriate theory that a dangerous condition was created in the floor while defendant, as its own general contractor, was supervising repairs to the office and so in possession and control thereof. In our opinion, the interests of justice, under the circumstances, require a new trial.


text:
    In the Matter of the Application of Theodore R. Carpenter, as Substituted Trustee under the Will of J. Fairfield Carpenter, Deceased, et al., Appellants and Respondents. American Surety Company of New York, Respondent and Appellant.
    Submitted November 12, 1946;
    decided November 21, 1946.

      J. Theodore Gross and Francis G. Steates for motion to dismiss appeal.

      Alanson B. Fredericks and George B. Groshy for motion to amend notice of appeal and to compel acceptance thereof.
   Motion to dismiss appeal denied.

Motion to amend notice of appeal and to compel acceptance thereof granted.


text:
    In the Matter of the Claim of John Clancy, Respondent, against H. Chester Swezey et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted November 12, 1946;
    decided November 21, 1946..

      Clarence B. Tippett for motion.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum of counsel), for Workmen’s Compensation Board.
   Motion denied, with $10 costs and necessary printing disbursements. The moving papers are defective in that copies of the order from which leave to appeal is sought and of the order of the Appellate Division denying leave, together with notices of entry thereof, are not attached to the motion papers as required by rule 21 (subd. b) of the rules of this Court. That is sufficient ground for denial of this motion. In this case, consideration of the merits of the application leads to the same result.


text:
    In the Matter of Guild Properties, Inc., Respondent, against “ Mary ” Rappaport, Individually and as Ancillary Administratrix of the Estate of Jettie Engelberg, Deceased, et al., Appellants.
    Appeal withdrawn November 21, 1946.

      Charles J. Tobin, Jr., for appellants.

      George E. Rosen for respondent.
   Appeal withdrawn on stipulation.


text:
    New York City Tunnel Authority, Appellant, v. Consolidated Edison Company of New York, Inc., et al., Respondents, et al., Defendants.
    Submitted November 12, 1946;
    decided November 21, 1946.
   Motion by respondents for reargument denied, with $10 costs and necessary printing disbursements. [See 295 N. Y. 467.]


text:
    Lena C. Young, as Administratrix of the Estate of Raymond Young, Deceased, Respondent, v. New York State Electric & Gas Corporation et al., Appellants. Marjorie S. York, as Administratrix of the Estate of Harold Sampson, Deceased, Respondent, v. New York State Electric & Gas Corporation et al., Appellants.
    Submitted November 12, 1946;
    decided November 21, 1946.

      W. Earle Costello for motion.

      Albert E. Hollis opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the order does not finally determine the action within the meaning of the Constitution. (Riordan v. Crabtree, 296 N. Y. 515.)


text:
    Norman Lamica, Respondent, v. Katherine M. Vollmer, as Executrix of Charles H. Vollmer, Deceased, Doing Business under the Name of Vollmer Transportation Company, Appellant.
    Submitted November 12, 1946;
    decided November 21, 1946.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 296 N. Y. 660.]


text:
    In the Matter of Mortgage Commission of the State of New York in Relation to Mortgage Investments Guaranteed by Bond and Mortgage Guarantee Company. (Guarantee No. 186,129.) Selma Schlang, Appellant and Respondent; Robert E. Dineen, Superintendent of Insurance of the State of New York, as Liquidator of Bond and Mortgage Guarantee Company and as Successor to the Mortgage Commission of the State of New York, et al., Respondents and Appellants, and Bureau of Trust Supervision et al., Respondents.
    Submitted November 12, 1946;
    decided November 21, 1946.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 295 N. Y. 966.]


text:
    In the Matter of the Accounting of Emily Marx, as Committee of the Estate of Thomas A. McHugh, an Incompetent Veteran, Appellant. Frank T. Hines, as Administrator of Veterans’ Affairs, et al., Respondents.
    Submitted November 12, 1946;
    decided November 21, 1946.

      Emily Marx opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion. [See 296 N. Y. 826.]


text:
    The People of the State of New York ex rel. James Morrison, Appellant, against John F. Foster, as Warden of Auburn State Prison, Respondent.
    Submitted November 12, 1946;
    decided November 21, 1946.
   Motion by appellant to amend remittitur denied. [See 296 N. Y. 655.]


text:
    The People of the State of New York ex rel. John L. Madden, Appellant, against John F. Foster, as Warden of Auburn State Prison, Respondent.
    Submitted November 18, 1946;
    decided November 21, 1946.

      John L. Madden, in person, for motion,

      Nathaniel L. Goldstein, Attorney-General (William 8. Elder, Jr., of counsel), opposed.
   Motion denied on ground appeal lies as of right.


text:
    In the Matter of the Claim of Kathleen Herr, Respondent, against Niagara Shipbuilding Company et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued November 20, 1946;
    decided November 27, 1946.

      Percy B. Smith for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Frederic J. Wood of counsel), for respondent.

      Frank G. Boberts for Liberty Mutual Insurance Company.
   Order affirmed, with costs to respondent Workmen’s Compensation Board; no opinion.

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


text:
    Staten Island Edison Corporation, Appellant, v. New York City Housing Authority et al., Respondents.
    Argued October 17, 1946;
    decided November 27, 1946.

      George Foster, Jr., and Edmund B. Nctylon for appellant.

      John J. Bennett, Corporation Counsel (Andrew Bellanca and Arthur J. Goldsmith of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

Concurs Lotjghkan, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    In the Matter of College Point Wine & Liquors, Inc., Respondent, against John F. O’Connell et al., Constituting the State Liquor Authority, Appellants.
    Argued November 13, 1946;
    decided November 27, 1946.

      Alvin McKinley Sylvester for appellants.

      Joseph Ferber for respondent.
   Order of Appellate Division reversed and determination of State Liquor Authority confirmed, with costs in this court and in the Appellate Division. We find in the record substantial evidence which supports the finding of the State Liquor Authority that in the petitioner’s original application for a retail license and for a renewal thereof and in its application for approval of corporate change, the petitioner-respondent made a false material statement.

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


text:
    Dolly Howard, Appellant, v. Beth Israel Hospital Association, Respondent.
    Submitted November 13, 1946;
    decided November 27, 1946.

      Marry P. Keith and David J. Lewis for appellant.

      Leo F. Potts for respondent.
   Judgment affirmed, with costs $ no opinion.

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


text:
    Muriel Meyers et al., on Behalf of Themselves and All Other Stockholders of Curtiss-Wright Corporation Similarly Situated, Appellants, v. J. Cheever Cowdin et al., Respondents, et al., Defendants.
    Argued November 13, 1943;
    decided November 27, 1946.

      Samuel J. Levinson and Frank Weinstein for Sidney Schneiderman, appellants.

      Sidney L. Ganvin and Joel Mencher for Muriel Meyers, appellant.

      John W. Davis, Ralph M. Carson, Porter R. Chandler and S. Hazard Gillespie, Jr., for J. Cheever Cowdin, et al., respondents.

      Kenneth M. Spence and Thomas L. Howe for Curtiss-Wright Corporation and Wright Aeronautical Corporation, respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lo.tjghran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Taking no part: Thacheb, J.


text:
    Kate Tarlow et al., Respondents, v. J. E. Archbell et al., Defendants; O. H. Chalkley et al., Appellants, and Philip Morris & Co., Ltd., Incorporated, Respondent.
    Argued October 15, 1946;
    decided November 27, 1946.

      Harold F. McGuire for appellants.

      Morris Gottlieb, Mortimer Hays and Paul Bauman for respondents.
   Order affirmed, with costs. First and fourth questions certified, answered in the negative. Second and third questions certified, answered in the affirmative. No opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway* Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Beatrice E. Scheeper, Appellant, v. Inmar Estates, Inc., et al., Respondents.
    Argued November 12, 1946;
    decided November 27, 1946.

      Edward J. Shumway for appellant.

      James Dempsey and Bartholomew A. Moynahan for respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    Marrow Manufacturing Corporation, Appellant, v. Joseph Eitinger, Respondent.
    Argued November 12, 1946;
    decided November 27, 1946.

      Sydney A. Hellenbrand for appellant,

      Gerald G. Schwarts and Daniel D. Transe for respondent.
   ■ Judgment affirmed, with costs; no opinion.

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


text:
    Marrow Manufacturing Corporation, Appellant, v. Eitinger Bead Co., Inc., Respondent.
    Argued November 12, 1946;
    decided November 27, 1946.

      Sydney A. Hellenbrcmd for appellant.

      Gerald G. Schwarts and Daniel D. Transe for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Marrow Manufacturing Corporation, Appellant, v. Walco Bead Co., Inc., Respondent.
    Argued November 12, 1946;
    decided November 27, 1946.

      Sydney A. Hellenbrand for appellant.

      Edward F. Rosiny for respondent.

      Harold Cohn and Kenneth V. Fisher for OEce of Price Administration, amicus curia in support of respondent’s position.
   Judgment aErmed, with costs; no opinion.

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


text:
    Dorothy Stevan et al., Respondents, v. Ben Bernstein, Appellant.
    Argued November 13, 1946;
    decided November 27, 1946.

      Paul D. Garrigg and Daniel Miner for appellant.

      Robert E. Dempsey for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    James Massi, Respondent, v. Alben Builders, Inc., et al., Appellants; United Hoisting Co., Inc., Respondent, et al., Defendants.
    Argued October 17, 1946;
    decided November 27, 1946.

      Clarence S. Zipp, Frederick Mellor and Meyer Levy for Alben Builders, Ilic., appellant.

      George J. Stacy, William S. Sinclair and Joseph Kane for Abraham Schechtman, appellant.

      Isidor Enselman, Sylvester J. Garamella and Gustave G. . Rosenberg for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Harold R. Raitt, Appellant, v. Charles Fix, as President of Carpenters’ District Council of Buffalo and Vicinity, a Voluntary Association of More Than Seven Persons, Respondent.
    Argued November 12, 1946;
    decided November 27, 1946.

      Louis W. Manchester for appellant.

      Daniel B. Shortal for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of Elizabeth F. Vilkomerson, an Attorney. Elizabeth F. Vilkomerson, Appellant; Association of the Bar of the City of New York, Respondent.
    Argued November 12, 1946;
    decided November 27, 1946.

      Elisabeth F. Vilkomerson, in person, opposed.
   Motion granted and appeal dismissed, with costs.


text:
    Mary Ader, Individually and as Administratrix of the Estate of Morris Ader, Deceased, et al., Respondents, v. Sam Pollman et al., Appellants.
    Submitted November 18, 1946;
    decided November 27, 1946.
   Motion by appellants for reargument of motion to dismiss appeal denied, with $10 costs and necessary printing disbursements. [See 296 N. Y. 634.]


text:
    The People of the State of New York, Respondent, v. William Labarge, Appellant. The People of the State of New York, Respondent, v. Lyle McDougall, Appellant. The People of the State of New York, Respondent, v. William Mossaw, Appellant. The People of the State of New York, Respondent, v. Lewis White, Appellant. The People of the State of New York, Respondent, v. Carl Labarge, Appellant.
    Submitted November 18, 1946;
    decided November 27, 1946.

      John J. Livingston, District Attorney, for motions.

      Allan L. Gurley opposed.
   Motions granted and appeals dismissed.


text:
    The People of the State of New York ex rel. Nicholas A. Kamisaroff, Appellant, against Blakely R. Webster, as Superintendent of Dannemora State Hospital, Respondent.
    Submitted November 25, 1946;
    decided November 27, 1946.

      Nathaniel L. Goldstein, Attorney-General (Herman N. Harcourt of counsel), for motion.
   No one opposed.

Motion granted and appeal dismissed.


text:
    In the Matter of the Estate of Henry H. Rogers, Deceased. Albert Stickney et al., as Surviving Executors of Henry H. Rogers, Deceased, et al., Appellants; State Tax Commission, Respondent.
    Submitted November 25, 1946;
    decided November 27, 1946.
   Motions 'by appellants for reargument denied, with $10 costs and necessary printing disbursements. [See 296 N. Y. 676.]


text:
    Ambrose J. McNamara, Appellant and Respondent, v. Herbert S. Powell et al., Respondents and Appellants.
    Submitted November 25, 1946;
    decided November 27, 1946.

      Howard F. Mahon for motion.

      M. William Bray opposed.
   Motion denied, with $10 costs.


text:
    The People of the State of New York, Respondent, v. Benjamin Rockower, Appellant.
    Submitted January 6, 1947;
    decided January 7, 1947.

      Charles P. Sullivan, District Attorney (Harry W. Schober of counsel), for motion to dismiss appeal.

      Joseph Lonardo for motion for enlargement of time.
   Motion to dismiss appeal denied, and motion for leave to be heard on original typewritten record and printed briefs and for enlargement of time granted, solely on the ground that the default occurred prior to decision in People v. Solomon (296 N. Y. 85, decided November 27, 1946), and ease set down for argument during April, 1947, session


text:
    The People of the State of New York, Respondent, v. Albert Schleicher, Appellant.
    Submitted January 6, 1947;
    decided January 7, 1947.

      Samuel J. Foley, District Attorney (George Tilzer of counsel), for motion to dismiss appeal.

      Robert Konove and William Gold for motion for enlargement of time.
   Motion to dismiss appeal denied and motion for enlargement of time granted solely on the ground that the default occurred prior to our decision in People v. Solomon (296 N. Y. 85, decided November 27, 1946), and case set down for argument during February, 1947, session.


text:
    Caroline Howell, Respondent, v. Emma E. Howell et al., Appellants.
    Submitted November 26, 1946;
    decided January 9, 1947.

      Bernard J. McCoy and Howard F. Carter for appellants.

      Austin E. Walker and Edward K. Haas for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Thachbr, Dye and Fuld, JJ.


text:
    Sol Cohen et al., Appellants, v. Cauldwell-Wingate Co. et al., Respondents.
    Argued November 14, 1946;
    decided January 9, 1947.

      Henry Cohen, Jonathan B. Bingham and I. Ben Greenman for appellants.

      John F. X. McGohey, United States Attorney for the Southern District of Hew York (Louis Mansdorf of counsel), for respondents.
   Judgment affirmed, with costs; no opinion. [See 297 N. Y. 471.]

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


text:
    In the Matter of the Arbitration between Belle Robinson, Appellant, and Barnett Robinson, Respondent.
    Submitted November 25, 1946;
    decided January 9, 1947.

      James J. Regan for appellant.

      Irving D. Liphowits, William H. Lewis and David Kugel for respondent.
   Order of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Matter of Luttinger (294 N. Y. 855). No opinion.

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


text:
    In the Matter of the Accounting of Margaret M. Burnet, as Committee of the Estate of Frank McCann, an Incompetent Person. Frank T. Hines, Administrator of Veterans’ Affairs, Respondent; Anthony J. Graziano et al., Constituting the Firm of Graziano & Graziano, Attorneys for Margaret M. Burnet, as Committee of Frank McCann, et al., Appellants.
    Argued November 26, 1946;
    decided January 9, 1947.

      Anthony J. Grasiano and Josephine D. Grasiano for • appellants.

      Jack A. Roper and Frank Klipper for respondent.
   Order affirmed, with costs; no opinion.

Concur; Lottghban, Ch. J., Lewis, Conway, Desmond, Thagheb, Dye and Ftjld, JJ.


text:
    Frederick F. Bayer, Respondent, v. Oxford University Press, Inc., Appellant.
    Argued November 25, 1946;
    decided January 9, 1947.

      John Logan O’Donnell for appellant.

      Thomas O’Rourke Gallagher for respondent. ■
   Judgment affirmed, with costs. No opinion.

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


text:
    The People of the State of New York ex rel. 117 East 72nd Street Corporation, Appellant, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued November 26, 1946;
    decided January 9, 1947.

      Morris J. Bricker for appellant.

      John J. Bennett, Corporation Counsel (Philip A. Paulson and William F. Murphy of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    John B. Navarro, Respondent, v. John R. Fiorita, Appellant.
    Argued November 25, 1946;
    decided January 9, 1947.

      Harold W. Bissell for appellant.

      David W. Kahn and Herbert P. Wilson for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of the Claim of William O’Bryan, Respondent, against Town of Jewett et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued November 20, 1946;
    decided January 9, 1947.

      Bernard Katsen, General Attorney, State Insurance Fund. (George J. Bayes and Victor Fiddler of counsel), for appellants.

      Nathaniel L. Goldstein, Attorney-General (Boy Wiedersum and Emmeline E. Ferris of counsel), for Workmen’s Compensation Board, respondent.

      Jeremiah F. Connor for Black Dome Corporation and another, respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Arden Farms Co., Respondent, v. State of New York, Appellant.
    (Claim No. 27477.)
    Argued November 18, 1946;
    decided January 9, 1947.

      Nathaniel L. Goldstein, Attorney-General (John B. Davison and Wendell P. Brown of counsel), for appellant.

      John D. Van Cott, George W. Jaques and Daniel B. Priest for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Fidelity & Casualty Company of New York, Appellant, v. Fred Groth et al., Respondents.
    Argued November 21, 1946;
    decided January 9, 1947.

      James P. O’Donnell for appellant.

      Arthur J. Foley for Fred Groth, respondent.

      William T. Welden for Hamil Thompson and Richfield Springs Fire Department, respondents.
   Judgment affirmed, with costs; no opinion.

Concur; Loughean, Ch. J., Lewis, Conway, Desmond,' Thaohbb, Dye and Fuld, JJ.


text:
    Emilio J. Buchaca, Respondent, v. Colgate Inn, Incorporated, Appellant.
    Argued November 27, 1946;
    decided January 9, 1947.

      Charles F. Saunders for respondent.
   Judgment affirmed, with costs. No opinion.

Concur: Loughban, Ch. J., Lewis, Conwat, Desmond, Thaoheb, Dye and Fuld, JJ.


text:
    Mabel Schmidt, Appellant, v. Margaret Carper, Respondent.
    Argued November 21, 1946;
    decided January 9, 1947.

      Charles J. Duncan for appellant.

      J. Stanley Carter and Earl S. Jones for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    William A. Hyman, Respondent, v. Martha Devine et al., Appellants.
    Argued November 18, 1946;
    decided January 9, 1947.

      William J. Cahill for appellant.

      Harold B. Medina and William Gilbert for respondent.
   Judgment affirmed, with costs. No opinion.

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


text:
    Roy Granata, As Administrator of Local 13, Industrial Union of Marine and Shipbuilding Workers of America, CIO, Respondent, v. Ira S. Bushey & Sons, Inc., Appellant.
    Argued November 25, 1946;
    decided January 9, 1947.

      Albert G. Jordan and Frank B. Devlin for appellant.

      Berman Bosenfeld and William L. Standard for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotighran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Ftjld, JJ.


text:
    Alfred Peabody, Appellant, v. Henry Kaufman, as President of District Lodge No. 15, International Association of Machinists, an Unincorporated Association, Respondent.
    Argued November 21, 1946;
    decided January 9, 1947.

      1. Maurice Wormser and David I. Ashe for appellant.

      Abraham Fishbeim and Jerome T. Sturm for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughbax, Ch. . J., Lewis, Cosway, Desmosd, Thacheb, Dye and Fuld, JJ.


text:
    The People of the State of New York ex rel. Sheffield Farms Co., Inc., Appellant, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Respondents. (130th St. and 94th Ave., Borough of Queens.)
    Argued November 26, 1946;
    decided January 9, 1947.

      Harris Jay Griston for appellant.

      John J. .Bennett, Corporation Counsel (Morris Handel, William F. Murphy and Philip A. Paulson of counsel), for respondents.
   Order affirmed, with costs; no opinion. [See 296 N. Y. 876.]

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


text:
    Lawrence Nelson, as Assignee of Saul Kirschner, Respondent, v. American Can Company, Appellant.
    Argued November 25, 1946;
    decided January 9, 1947.

      Robert H. O’Brien and David 8. Junker for appellant.

      George J. Malinsky and Irwin 8. Rever for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

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


text:
    Clarence Judd, Appellant, v. Marion Sams, Respondent. Carmine M. Judd, Appellant, v. Marion Sams, Respondent.
    Argued November 20, 1946;
    decided January 9, 1947.

      Arthur VD. Chamberlain and John J. Mclndrney for appellants.

      William H. Morris for respondent.
   Judgments affirmed, with costs; no opinion.

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


text:
    Clark Rowe, Appellant, v. Jerry C. Van Denburg et al., Respondents.
    Argued November 19, 1946;
    decided January 9, 1947.

      Cleveland J. Kenyon for appellant.

      Robert W. Sloan for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Jessie L. Bradley et al., Appellants, v. Manuel Selengut et al., Respondents.
    Submitted November 15, 1946;
    decided January 9, 1947.

      Samuel Feldman for appellants.

      Morris Katz for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of George Glintenkamp et al., Appellants, against John F. O’Connell et al., Individually and as Members of the State Liquor Authority, et al., Respondents.
    Argued November 27, 1946;
    decided January 9, 1947.

      Monroe I. Katcher, II, for appellants.

      Alvin McKinley Sylvester for- respondents.
   Order affirmed, with costs; no opinion.

Concur: Lottghean, Oh. J., Lewis, Conway, Desmond, Thachbb, Dye and Ftjld, JJ.


text:
    In the Matter of Joel Hafter, Appellant, against Eagle Fish Co., Inc., et al., Respondents.
    Argued November 22, 1946;
    decided January 9, 1947.

      Meyer Kraushaar, David I. Kraushaar and Joseph D. Tarlowe for appellant.

      Edward Halle and Louis Halle for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Azalee Willis et al., Appellants, v. Burnel Patterson et al., Respondents.
    Submitted November 20, 1946;
    decided January 9, 1947.

      Glarh B. Bassett for appellants.

      Francis J. Janih and Louis Pelowski for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Dorice Lucey et al., Appellants, v. Harry Harstedt, Defendant, and Van Wagenen & Schickhaus Company, Respondent.
    Argued November 15, 1946;
    decided January 9, 1947.

      Jack L. Bappaport, Maurice Shorenstein, William S. Shorenstein and Samuel M. Shorenstein for appellants.

      Chester Bordeau, Lowell Wadmond, Franklin Malone and Lewis A. Ackley for respondent.
   Judgment affirmed, with costs; no opinion.

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


author: Desmond and Dye, JJ.,

text:
    Isabel S. Haines, Appellant, v. Albert G. Milbank et al., Copartners Practicing Law Under the Firm Name of Milbank, Tweed & Hope, Respondents.
    Argued November 18, 1946;
    decided January 16, 1947.

      Aaron E. Koota for appellant.

      John A. Kelly, Thomas P. Farley and Austen B. McGregor for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghban, Ch. J., Conway, Thacheb and Ftjld, JJ.;

Desmond and Dye, JJ.,

dissent in the following memorandum: The judgment should be reversed and a new trial granted. Assuming, without deciding, plaintiff was bound, on the trial of this ease, to make out a prima facie showing that the glass came from a particular window in the Chanin Building, we think the testimony justified an inference to that effect. Taking no part, Lewis, J.


text:
    Frances Cohen et al., Appellants, v. City of New York, Respondent.
    Argued November 19, 1946;
    decided January 16, 1947.

      Robert Hyman and Jesse L. Goldberg for appellants.

      John J, Bennett, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondent.
   Judgments reversed and a new trial granted, with costs to abide the event on the following grounds: The description of the scene of the accident, in the notice of claim, was sufficient. The testimony made out a question of fact for the jury as to whether or not the city had been negligent in failing to remove the snow and ice from the crosswalk. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dyb and Fuld, JJ. Taking no part: Thacheb, J.


text:
    Joseph Wasserman et al., Doing Business under the Firm Name of Mayfair Novelty Company, Appellants, v. Broadalbin Knitting Co., Ltd., Respondent.
    Argued November 25, 1946;
    decided January 16, 1947.

      Eugene L. Bondy for appellants.

      Daniel H. Prior for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Henry P. Suckow, Edward Kahkoska and Edward Koberski, Appellants.
    Argued November 14, 1946;
    decided January 16, 1947.

      Albert J. Sicree, Edward U. Green and Bert Koehler, Jr., for Edward Koberski, appellant.

      Joseph M. Lonergan, John F. X. Sheridan and Charles Valione for Henry P. Suckow, appellant.

      Joseph H. Gellman, James F. Fitzgerald and Louis M. Born-stein for Edward Kahkoska, appellant.

      Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

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