1919.) Order modified, by providing that the original order, dated June 2, 1919, be modified, by striking therefrom the words "converted to the defendant's own use, and parts of it sold and disposed of, what proceeds were derived from the said sale, and to whom it was sold," and, as so modified, affirmed, without costs. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice.

Henry TRAURIG, Respt., v. CARAVEL CO., Inc., Applt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on the authority of Konheim v. Harris, 148 App. Div. 238, 240, 132 N. Y. Supp. 1028. Order filed.

Ernest TRIBELHORN, Respt., v. J. K. ESTATE REALTY CORP'N, Applt. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Matter of Granville H. TRIPLETT, an attorney. (Supreme Court, Appellate Division, First Department. October 31, 1919.) The respondent having resigned in writing as a member of the bar of the state of New York, and consented that an order be entered thereon to that effect, and such order having this day been entered, no further proceedings are necessary herein, and they are discontinued.

Rosalie TUTONE, respondent, V. NEW YORK CONSOLIDATED RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. November 21, 1919.) Order (107 Misc. Rep. 571, 177 N. Y. Supp. 818) of the County Court of Kings County reversed, with $10 costs and disbursements, and motion to vacate the order denied. The

order of June 5, 1919, for examination of the plaintiff, is modfied, so as to provide that the report of the doctor be given to the attorney for defendant, and a copy thereof be given to the attorney for plaintiff. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur.

In the Matter of the Application of Charles A. TYRRELL, for Letters of Administration, etc., of Emma M. Tyrrell (so called), Deceased. (Supreme Court, Appellate Division, First De November 28, 1919.) Order afpartment. firmed, with $10 costs and disbursements. No opinion. Order filed.

U. S. EXPANSION BOLT CO. v. John MARMORSTEIN. (Supreme Court, Appellate Division, First Department. October 17, 1919.)

Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed.

James H. VAN BRAMER, appellant, v. FIRST NATIONAL BANK OF PEARL RIVER and William A. Serven, respondents, and Robert R. Felter et al., defendants. (Supreme Court, Appellate Division, Second Department. November 14, 1919.) The line of authorities (Town of Hancock v. First National Bank, 93 N. Y. 83; Matter of Bryan, 3 Abb. N. C. 289: Matter of Anthony & Co., 42 App. Div. 66, 58 N. Y. Supp. 907; Matter of White, 44 App. Div. 119, 60 N. Y. Supp. 702; Long Island Bottlers v. Bottling Brewers, 65 App. Div. 459, 72 N. Y. Supp. 976; Ákhurst v. National Starch Co., 64 Misc. Rep. 445, 119 N. Y. Supp. 561; American Woolen Co. v. Altkrug, 139 App. Div. 671, 124 N. Y. Supp. 203. and Knowlton v. Bannigan, 11 Abb. N. C. 419), to the effect that the examination of a third party be fore trial is permissible only for the purpose of perpetuating the testimony to be used on the trial, and that therefore such an order cannot be sustained without allegations that the witness is about to depart from the state, or is sick, or there is some other reason why his tes departed from only in cases where the defendtimony cannot be secured at the trial, has been ant had secured an order compelling plaintiff to furnish a bill of particulars or to make his complaint more definite and certain, which order could not be complied with unless plaintiff obtained the information by the examination of a third party (Chittenden v. San Domingo Improvement Co., 132 App. Div. 169, 116 N. Y. Supp. 829; Hill v. Bloomingdale, 136 App. Div. 651, 121 N. Y. Supp. 370; People v. Armour, 18 App. Div. 584, 46 N. Y. Supp. 317). We think the exception to the general rule should not be extended, and therefore affirm the order, with $10 costs and disbursements. Jenks, P. J., and Mills, Putnam, Blackmar, and Kelly, JJ., concur.

November 28, 1919.)
costs. Order filed.

In the matter of the claim of Cornelius
VINE, for compensation under the Workmen's
Compensation Law, respt., v. WEST END
PRESBYTERIAN CHURCH, his employer,
and General Accident, Fire & Life Assurance
Corporation, Ltd., insurance carrier, applt.
(Supreme Court, Appellate Division, Third De-
partment. November 12, 1919.) Award re-
versed, and claim dismissed, on the authority
of Matter of Doey v. Howland Co., 224 N. Y.
30, 120 N. E. 53, and Hassen v. Elm Coal Co.,

184 App. Div. 715, 172 N. Y. Supp. 430.

concur.

All

George WASNER, appellant, V. Richard
MALONEY, respondent. (Supreme Court, Ap-
pellate Division, Second Department. October
3, 1919.) Judgment reversed, with costs, and
case remanded to the Trial Term for decision,
with findings of fact and conclusions of law as
required by section 1022 of the Code of Civil
Procedure, upon the ground that the action was
tried upon the merits, and there should have
been a decision with findings of fact and con-
clusions of law made by the trial justice, as re-
quired by section 1022 of the Code, and that the
memorandum filed by said court did not au-
thorize the entry of any judgment whatever.

John WEIDER v. W. R. GRACE & CO.
(Supreme Court, Appellate Division, First De-
partment. October 17, 1919.) Application
granted, upon plaintiff's filing stipulation for
Or-
judgment absolute in event of affirmance.
der signed.

Ralph M. WEINRICHTER, Respt., v. IN-
CORPORATED LAND CO., Applt. (Supreme
Court, Appellate Division, First Department.
November 7, 1919.) Judgment and order af-
firmed, with costs. No opinion. Order filed.

WEISSMAN v. Harris SOLOMON. (Su-
preme Court, Appellate Division, First De-
partment. October 17, 1919.) Motion to dis-
miss appeal granted, with $10 costs. Order
filed.

Matilda WELLS, applt., v. CITY OF BUF-
FALO, respt. (Supreme Court, Appellate Di-
vision, Fourth Department. September 22,
1919.) Appeal dismissed, upon stipulation
filed.

Oliver J. WELLS v. SOUTHERN RAIL-
WAY CO. et al. (Supreme Court, Appellate
Division, First Department. October 17,
1919.) Motion denied, with $10 costs. Order
filed.

Joseph WERBELA, appellant, v. THOMAS
COLLIERY COMPANY, respondent. (Su-
preme Court, Appellate Division, Second De-
partment. October 10, 1919.) Order and
judgment unanimously affirmed, with costs. No
opinion.

William WERNER, respondent, v. CITY OF
NEW YORK and another, appellants. (Su-
preme Court, Appellate Division, Second De-
partment. October 3, 1919.) Judgment modi-
fied, by deducting from the total amount of
damages recovered the sum of $181.30 princi-
pal, and the sum of $69.98 interest, making a
total deduction of $249.28, and, as so modified,
the judgment and the order are unanimously
affirmed, with costs, upon the ground that it
appears that certain deductions to the amount

Judgment affirmed, with Order filed.