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with costs. No opinion. Order filed. See, Michael C. CONDELLO V. FREDERICK also, 171 N. Y. Supp. 577.

LOESER & CO., Inc. (Supreme Court, Appel. late Division, First Department. October 17, 1919.) Motion to dismiss appeal granted, with

$10 costs. Order filed. Alfred COLE, etc., respondent, V. AMERICAN BLIND STITCH MACHINE COMPANY, Inc., and others, etc., appellants. (Supreme Court, Appellate Division, Second Department. Anthony CONDELLO, an infant, v. FREDOctober 24, 1919.) Motion granted, without ERICK LOESER & CO., Inc. (Supreme costs, on condition that appellants perfect the Court, Appellate Division, First Department. appeal, place the case upon the calendar for October 17, 1919.) Motion to dismiss appeal November 3, 1919, and be ready for argument granted, with $10 costs. Order filed. when reached. The case, subject to the approval of the judge at Special Term, should remain upon the calendar.

Eva K. CONLON v. Edward B. HOSIER et al. (Supreme Court, Appellate Division, First

Department. October 17, 1919.) Motion In re Application of Franklin A. COLE- granted. Order filed. GROVE for the opening of a highway at Barcelona in the Town of Westfield, known as First Street Extension. (Supreme Court, Appellate Division, Fourth Department. Septem- Guido CONSENTINO, respondent, v. ILLIber 22, 1919.) Motion to dismiss appeal grant- NOIS SURETY COMPANY, appellant. (Sued, with costs.

preme Court, Appellate Division. Second De-
partment. November 17, 1919.) Appeal dis-

missed, without costs.
Bird S. COLER, Com'r, etc., on complaint of
Barbara R. Kiripolsky, Respt., v. George
STRBA, Applt. (Supreme Court, Appellate
Division, First Department. December 5,

Costa CONSTANTINIDI et al. v. Rolf H. 1919.) Judgment affirmed. No opinion. Order LINDEN. (Supreme Court, Appellate Divifiled.

sion, First Department. October 17, 1919.) Motion to dismiss appeal granted, with $10

costs. Order filed. Joseph P. COLLINS, Respt., V. INTERNATIONAL HIGH SPEED STEEL CO., Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Judgment and

CONSUMERS PARK BREWING COMPA. order affirmed, with costs. No opinion. Order NY, appellant, v. Charles BRAITCH, respondfiled.

ent. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Ap.

peal dismissed, without costs. COMMERCIAL TRUST COMPANY, OF NEW YORK, Applt., v. COLUMBIA TRUST COMPANY, Respt. (Supreme Court, Appellate Division, First Department. November

August CONTI et al., Respts., v. LEGEND

(Supreme costs, on the authority of East River Nat. Court, Appellate Division, 'First Department 28, 1919.) Judgment and order affirmed, with REALTY CORPORATION, Applt. Bank v. Columbia Trust Co., 187 App. Div. 889, firmed, with costs. "No opinion. Order filed.

Judgment and order af 174 N. Y. Supp. 901. Order filed. See, also, 183 App. Div. 106, 170 N. Y. Supp. 552; 184 App. Div. 881, 170 N. Y. Supp. 555.

August CONTI et al. v. LEGEND REALTY

CORPORATION. (Supreme Court, Appellate COMMISSIONER OF PUBLIC CHARI-Division, First Department. November 28. TIES, etc., on the complaint of Anna Cooper,

1919.) Motion denied, with $10 costs, and respondent, James COLTON, appellant. stay vacated. Order filed. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Appeal dismissed, without costs.

August CONTI et al. v. LEGEND REALTY CORPORATION. (Supreme Court, Appellate

Division, First Department. November 28, In the Matter of the Proceeding of the COM- 1919.) Motion denied, with $10 costs. Order MON COUNCIL OF THE CITY OF NORTH filed. TONAWANDA, N. Y., to extend Bryant Street across the right of way of the Erie R. R. Co. (Supreme Court, Appellate Division, Fourth CONTINENTAL PRODUCING COMPANY, Department. September 22, 1919.) Petition Inc., respondent, v. Michael A. SHEA and for writ of certiorari granted.

Isaac Slutzker, copartners, etc., defendants;

(178 N.Y.S.) Isaac Slutzker, appellant. (Supreme Court, Ida COTT, as adm'x, etc., respts., v. ERIE Appellate Division, Second Department. Oc-| RAILROAD COMPANY, as lessor, etc., applts. tober 31, 1919.) Order affirmed, with $10 et al. (Supreme Court, Appellate Division, costs and disbursements. No opinion. Jenks, Fourth Department. September 22, 1919.) P. J., and Mills, Rich, Blackmar, and Kelly, Appeal dismissed, unless appellants shall file JJ., concur.

and serve printed briefs by October 1st.

James CONWAY, plaintiff, BLUFF POINT STONE COMPANY, respt., and United In the matter of the application of Frank B States Fidelity and Guaranty Company of Bal- COTTE, appellant, for a writ of mandamus, timore, Maryland, impleaded with others, applt. etc. (Supreme Court, Appellate Division, Sec(Supreme Court, Appellate Division, Third De- ond Department. October 11, 1919.) Order partment. November 21, 1919.) Judgment of the Special Term, denying application for unanimously affirmed, with costs. See, also, writ, affirmede, without costs. No opinion. 180 App. Div. 835, 168 N. Y. Supp. 170. Jenks, P. J., and Mills, Putnam, Blackmar, and

Kelly, JJ., concur. Order affirmed 125 N.

E. 914. Lillias D. COOKE and Norma MacD. Fisch. er, appellants, v. Charles C. BURLINGHAM, William F. COX, Respt., v. CENTRAL as executor, etc., of William Coverly, deceased, RAILROAD OF HAITI, Inc., Applt. (Suand Rebecca Frances Coverly, respondents. preme Court, Appellate Division, First Depart(Supreme Court, Appellate Division. Second ment. October 17, 1919.) Order, so far as ap. Department. October 10, 1919.) Judgment pealed from, affirmed, with $10 costs and dis(105 Misc. Rep. 675, 173 N. Y. Supp. 614) af- bursements; the date for the examination to firmed, with costs. No opinion. Jenks, P. J., proceed to be fixed in the order. No opinion. and Mills, Rich, Kelly, and Jaycox, JJ., con- Settle order on notice. cur.

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Lillias D. COOKE and Norma MacD. Fisch

William R. CRAIG, Respt., v. William P. er, appellants, v. Charles C. BURLINGHAM, JENKS, Applt. (Supreme Court, Appellate

October 17, as executor, etc., and another, respondents. Division, First Department. (Supreme Court, Appellate Division, Second 1919.) Order affirmed, with $10 costs and disDepartment. November 21, 1919.) Motions bursements. No opinion. Order filed. denied. Putnam, J., not voting.

Regina CRESCENT, appellant, Kate

FLOOD et al., respondents. (Supreme Court, Lillias D. COOKE and Norma MacD. Fisch- vember 7, 1919.) Motion to dismiss appeal de

Appellate Division, Second Department. Noer, appellants, v. Rebecca Frances COVERLY, respondent. (Supreme Court, Appellate Divi: nied, on condition that appellant perfect the sion, Second Department. October 10, 1919.) Friday, November 21, 1919, and be ready for

on the calendar for Judgment (105 Misc. Rep. 675, 173 N. Y. Supp. 614) affirmed, with costs. No opinion. granted, with $10 costs. Motion to vacate stay

argument when reached; otherwise, motion Jenks, P. 'J., and Mills, Rich, Kelly, and Jay- | denied, 'without costs. cox, JJ., concur.

Harry A. CRONK et al., Respts., v. LEVY er. appellants, v. Rebecca Frances COVER-DAIRY COMPANY, Applt. (Supreme Court, LY, respondent. (Supreme Court, Appellate Appellate Division, First Department. No: Division, Second Department. November 21, vember 28, 1919.). Order, so far as appealed 1919.) Motions denied. Putnam, J., not voto from, affirmed with $10 costs and disburse

Lillias D. COOKE and Norma MacD. Fisch

ments. ing.

No opinion. Order filed.

COOPER COMPANY, respt., v. Mary HOAG Cecelia CRONYN, an infant, etc., respt., v. and one, applts. (Supreme Court. Appellate BUFFALO BREWING CO., impleaded, etc., Division, Fourth Department. October 8, applt. (Supreme Court, Appellate Division, 1919.) Judgment affirmed, with costs. All Fourth Department. October 8, 1919.) Judgconcur.

ment and order aflirmed, with costs.

All concur.

Annie COPELAND, as Adm'x, etc., Applt., V. CENTRAL R. R. CO. OF NEW JERSEY, Margaret CRONYN, respt., v. BUFFALO Respt. (Supreme Court, Appellate Division, BREWING CO., impleaded, etc., applt. (Su. First Department. October 17, 1919.) Order preme Court, Appellate Division, Fourth De. affirmed, with $10 costs and disbursements. partment. October 8, 1919.) Judgment and No opinion, Order filed.

order affirmed, with costs. All concur.

concur.

William G. CROSS, respt., v. WESTCOTT- In the matter of Aron DATESGOLD, de. JEWEL CO., applt. (Supreme Court, Appel. ceased. (Supreme Court, Appellate Division, late Division, Fourth Department. October 8, First Department. October 17, 1919.) Order 1919.) Judgment affirmed, with costs. All reversed, with $10 costs and disbursements,

and the motion granted, and the time of the ap

pellant in which to serve said purposed case is In the matter of the petition of Benjamin F. extended for 10 days from date of entry of this

order. No opinion. Order filed. CROWELL et al. for the drainage of certain swamp lands. (Supreme Court, Appellate Division, Fourth Department. October 1, 1919.) Motion to dismiss appeal granted, unless ap- In the Matter of the Application of Benjanin pellant shall file and serve printed papers with- DAVIDSON, Respt. Joseph MONACO, Plfi. F. in 60 days and pay to respondent's attorney $10. Samuel BLANK, Applt. (Supreme Court, Ap.

pellate Division, First Department. October 17, 1919.) Judgment and order affirmed, with

$10 costs and disbursements. No opinion. Or. William W. CUNNINGHAM, Applt.,

der filed. Robert LOGIE et al., Respts. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order reversed, without costs, and

Violet F. DAVIS, as administratris, etc., cf motion granted, to the extent of striking 'from William C. Davis, deceased. respondent, i. the original order for examination items Nos. Michael J. SALTSER and Michael Weinsier, 2 and 3. The date for the examination to pro- copartners, etc.; appellants. (Supreme Court, ceed to be fixed in the order. No opinion. Or- Appellate Division, Second Department. Detoder filed.

ber 24, 1919.) Order unanimously affirmed, with costs. No opinion.

Hugh F. CURRY. Respt., V. Francis X CODY, Applt. (Supreme Court, Appellate Di

John DEE, respt., v. Mary J. LIGHTHALL, vision, First Department. October 31, 1919.) appellant, Edwin Smith, Nancy A. Morris and Order affirmed, with $10 costs and disburse- Adella Cole, defendants (two cases). (Supreme ments. No opinion. Order filed.

Court, Appellate Division, Third Department.
November 21, 1919.) Order unanimously affirme

ed, with $10 costs and disbursements, Douglas W. CUTLER, an infant, by Daniel B. Duncan, bis guardian ad litem, respondent, v. NEW YORK CENTRAL RAILROAD COM. In the matter of the claim of Charles DEERY PANY, appellant. (Supreme Court. Appellate for compensation under the Workmen's Com. Division, Second Department. October 3, pensation Law, claimant, respt., v. H. C. & A. 1919.) Judgment and order unanimously affirmI. PIERCY CONTRACTING COMPANY, emed, with costs. No opinion.

ployer, and Ætna Life Insurance Company, id-
surance carrier, applts. (Supreme Court, Ap-
pellate Division, Third Department. November

12, 1919.) Award unanimously affirmed.
Emily H. DALZELL, respondent, v. ATCHI-
SON, TOPEKA & SANTA FÉ RAILWAY
COMPANY, appellant.

Charles W. DE GROFF, respondent, F. (Supreme Court, Appellate Division, Second Department. Novem- THOMAS DRYSDALE, Inc., appellant. (Sv. ber 21, 1919.) Judgment and order affirmed, preme Court, Appellate Division, Second Dewith costs. No_opinion. Jenks, P. J., and

partment. October 7, 1919.) Judgment and Mills, Rich, and Jaycox, JJ., concur. Putnam,

order unanimously affirmed, with costs. No J., not voting.

opinion.

Katie DANGLER, respondent, V. Morris

DELAWARE & HUDSON COMPANY, DANGLER, appellant. (Supreme Court, Appel- claimant, applt., v. STATE of New York, respt. late Division, Second Department. November (Claim No. 13969.) (Supreme Court, Appellate 17, 1919.) Appeal dismissed, without costs.

Division, Third Department. November 12, 1919.) Judgment affirmed, with costs. All concur, except Woodward, J., dissenting.

Luciano D'ANTONIO, Applt., v. N. Y. CONSOLIDATED R. R. CO., Respt. (Supreme DELAWARE & HUDSON COMPANY, Court, Appellate Division, First Department. claimant, applt., v. STATE of New York, respt. November 28, 1919.) Judgment affirmed, with (Claim No. 13970.) (Supreme Court, Appellate costs. No opinion. Order filed.

Division, Third Department. November 12,

(178 N.Y.S.) 1919.) Judgment affirmed, with costs. All con- Siegfried DEUTSCH, Respt., V. Frederick cur, except Woodward, J., dissenting.

BANGERTER, Applt. (Supreme Court, Appellate Division, First Department. October 24, 1919.) Judgment affirmed, with costs. No

opinion. Order filed. Matteo DELFINO, respondent, V. Blanche STARITA and Carl Starita, appellants. (Supreme Court, Appellate Division, Second Department. October 3, 1919.) Order unanimous- In the matter of the claim of Anthony DI ly affirmed, with costs. No opinion.

FAZIO, for compensation under the Workmen's
Compensation Law, claimant, respt., v. LACK-
AWANNA BRIDGE COMPANY, employer,

respt., and Employers' Mutual Insurance ComStanislaus DEMEK, an inft., etc., Applt., pany, insurer, applt. State Industrial Commisv. BURNS BROS., Respt. (Supreme Court, sion, respt. (Supreme Court, Appellate DiviAppellate Division, First Department. Novem- sion, Third Department. November 21, 1919.) ber 28, 1919.) Judgment reversed, and a new Award unanimously affirmed. trial granted, with costs to the appellant to abide the event, on the ground that upon this record it cannot be said that there was no evidence upon the issues of negligence and con.

Mary DILLON, Respt., v. CITY OF NEW tributory negligence, so as to warrant taking the YORK, Applt. (Supreme Court, Appellate Didetermination thereof from the jury. Order vision, First Department. December 5, 1919.) filed.

Judgment affirmed, with costs. No opinion,
Order filed.

Isaac DENBOSKY, Applt., v. Blanche DENBOSKY, Respt. (Supreme Court, Appellate

Clarence S. DINKENSPIEL, indiv., etc., Division, First Department. November 14, Applt., v. Samuel ASKIN, indiv., etc., 'et al., 1919.) Order modified, by reducing aliiony to Respts. (Supreme Court, Appellate Division, $50 a week and counsel fee to $250, and, as First Department. November 28, 1919.) Or? so modified, affirmed, without costs. No opin- der affirmed, with $10 costs and disbursements. ion. Order filed.

No opinion. Order filed.

Isaac DENBOSKY, applt., v. Blanche DENBOSKY, respt. (Supreme Court, Appellate

Harlow S. DIXON and another, as Adm'rs, Division, First Department. November 14, etc., Applts., v. Eustace CONWAY, indy, and 1919.) Appeal dismissed, without costs.

No as Ex’r, etc., et al., Defts., and Charles F. Wil

liams, Respt. (Supreme Court, Appellate Diviopinion. Order filed.

sion, First Department. October 17, 1919.) Order affirmed, with $10 costs and disburse

ments. No opinion. Order filed. Richard C. DE NORMANDIE, Respt., v. BAY VIEW HEIGHTS LAND CO., Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order aflirmed,

D. L. & W., Inc., v. Benjamin ARONOWITZ. with $10 costs and disbursements. No opin

(Supreme Court, Appellate Division, First DeThe date for the examination to pro- granted. Order signed. ion.

October 17, 1919.) partment.

Application ceed to be fixed in the order. Settle order on notice. See, also, 107 Misc. Rep. 140, 177 N. Y. Supp. 158.

Adolph DOCTOR V. James MURRAY et al. William DENSDORF, appellant, V. NEWpartment. October 17, 1919.) Motion to dis

(Supreme Court, Appellate Division, First DeYORK REAL ESTATE IMPROVEMENT | miss appeal granted, with $10 costs. Order COMPANY, respondent. (Supreme Court, Ap- filed. pellate Division, Second Department. November 17, 1919. Appeal dismissed without costs.

Lawrence J. DOLAN, appellant, v. Adolph

BARR and Max Barr, respondents. (Supreme In the matter of the claim of Rose E. DESH-Court, Appellate Division, Second Department. ON for compensation under the Workmen's October 11, 1919.) Motion to dismiss appeal Compensation Law, for the death of Irving denied, on condition that appellant perfect the DESHON; STATE INDUSTRIAL COMMIS- appeal, place the case on the November calenSION, respt., v. FEDERAL SUGAR REFIN- dar, and be ready for argument when reached; ING COMPANY, employer, and Travelers' In- otherwise, motion granted, with $10 costs. surance Company, insurance carrier, applts. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Award unan- Lawrence J. DOLAN, appellant, V. Adolph imously affirmed.

BARR and another, respondents. (Supreme Court, Appellate Division, Second Department. (Supreme Court, Appellate Division, Fourth October 24, 1919.) Motion granted, without Department. September 22, 1919.) Motion for costs, on condition that appellant perfect the leave to appeal to the Court of Appeals denied, appeal and place the case upon the calendar with $10 costs. for Friday, November 21, 1919, and be ready for argument when reached, and serve his papers and points on or before November 10, Frederick R. EATON, Applt., v. W. & S. 1919.

JOB CO., Inc., Respt. (Supreme Court, Appellate Division, First Department. October

31, 1919.) Judgment modified, by striking out DOMESTIC CHEMICAL CORPORATION, the words “upon the merits," and judgment, as Respt., v. GENERAL PLATERS' SUPPLY so modified, and the order appealed from, afCo., Inc., Applt. (Supreme Court, Appellate firmed without costs. No opinion, Order filed. Division, First Department. November 7, 1.919.) Judgment and order affirmed with costs. No opinion, Order filed.

EDDY VALVE CO., plff., v. VILLAGE OF BARKER, respt., and Walter A. Wood, applt.

(Supreme Court, Appellate Division, Fourth Patrick J. DONOHUE v. Harry C. SLEIGHT. Department. October 8, 1919.) Motion for (Supreme Court, Appellate Division, First De- leave to appeal to the Court of Appeals denied, partment. October 17, 1919.) Motion to dis- with $10 costs. miss appeal granted, with $10 costs. Order filed.

Wm. J. EDELL, applt., v. Arthur F. GAIWilliam T. DREW, respondent, v. William M. sion, Fourth Department. September 22, 1919.)

LEY, respt. (Supreme Court, Appellate Diri. BARRETT, as President of the Adams Ex Motion to dismiss appeal granted, with costs. press Company, appellant. (Supreme Court, Appellate Division, Second Department. December 5, 1919.) Judgment and order of the City Court of Mt. Vernon reversed, and com- In the matter of the claim of E. I, DU POST plaint unanimously dismissed, with costs. Un- DE NEMOURS POWDER COMPANY against der the terms of the contract evidenced by the the CITY OF NEW YORK, under section 42, bill of lading, defendant was not to be liable chapter 724, of the Laws of 1905, as amended unless the injury or loss be caused by defend- by section 9, chapter 314, of the Laws of 1906. ant or its servants; also the shipper agreed as Business Damage Commission No. 3. (Supreme a condition precedent to any recovery that Court, Appellate Division, Third Department "such loss or damage should be proved by the November 12, 1919.) Appeal dismissed. shipper to have been caused by the negligence of the carrier.” In a live stock bill of lading, such clauses are valid. As negligence was not proven, plaintiff must fail in his action. Jenks, Wilhelmina EINBERGER V. DENWOOD P. J., and Rich, Putnam, Blackmar, and Jay- REALTY CO., Inc. (Supreme Court, Appellate cox, JJ., concur.

Division, First Department. November 28, 1919.) Motion to dismiss appeal granted, with

$10 costs. Order filed, George W. DUELL, respt., v. DONNER STEEL COMPANY, applt. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Appeal dismissed, unless Matter of J. Mortimer EISENBERG, an appellant shall file and serve printed briefs by attorney. (Supreme Court, Appellate Division, September 29th.

First Department. October 24, 1919.) Pro

ceeding dismissed. Settle order on notice. Benjamin L. DURYEA, Respt., v. Charles R. BERGMANN et al., impleaded, etc., Applts. (Supreme Court, Appellate Division, First De- Maurice EISENBERG, Applt., v. Augustus partment. November 7, 1919. Judgment af- B. WOLVIN, Respt. (Supreme Court, Appelfirmed, with costs. No opinion. Order filed. | late Division, First Department. October 31.

1919.) Order affirmed, with $10 costs and

disbursements. No opinion. Order filed. Matter of Cornelius J. EARLEY, an attorney. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion denied.

EMPIRE LIGHTING FIXTURE CO., Inc., Settle order on notice.

Applt., v. Samuel CUTLER et al., Respts. (Supreme Court, Appellate Division, First Department. November 14, 1919.) Order modified.

by imposing as a condition for the opening of EAST LAKE LUMBER CO., Applt., v. the default the payment of $30, together with Greenleaf S. VAN GORDER et al., respts. 1 $10 costs of motion and the disbursements on

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