First Department, November, 1916. costs. No opinion. Page, JJ. [Vol. 175. Present - Clarke, P. J., Laughlin, Scott, Smith and ARTHUR E. DOWLER and Another, Respondents, v. SAMUEL M. BRACHMAN, Appellant.- Judgment affirmed, with costs. No opinion Present - Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. LAURA HELM, Respondent, v. THE ROMAN BATH COMPANY, INC., Appellant. Judgment and order affirmed, with costs. No opinion. Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. Present ISAAC CONKLIN, Appellant, v. JENNIE SAXL and Others, Respondents - Judgment affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. FANNIE KLETZKY, Appellant, v. SAMUEL STRASBOURGER, Respondent. -Judgment affirmed, with costs. No opinion. Clarke, P. J., Present Laughlin, Scott, Smith and Page, JJ.; Scott, J., dissented. THE PEOPLE OF THE STATE OF NEW YORK ex rel. NORWOOD PARK REALTY COMPANY, Appellant, v. LAWSON PURDY and Others, as Commissioners of Taxes and Assessments of the City of New York, Respondents. Order affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. ANNIE M. MURPHY, as Administratrix, etc., Appellant, v. THE CENTURY HOLDING COMPANY, Respondent.- Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. GIUSEPPE SCACCELLA, Appellant, v. BALTIMORE AND OHIO RAILROAD COMPANY, Respondent. - Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. Louis Kram, Respondent, v. JEWISH WORLD PUBLISHING COMPANY, Appellant. Order affirmed, with ten dollars costs anddisbursements. No opinion. Present · Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. In the Matter of the Application of THE CITY OF NEW YORK, Appellant, by the Corporation Counsel, for the Appointment of Commissioners of Estimate and Assessment to Ascertain and Determine the Compensation which Should Justly Be Made for the Discontinuance and Closing of West One Hundred and Fifty-first Street, etc. MORGAN J. O'BRIEN and Another, as Executors, etc., of FRANCIS HIGGINS, Deceased, Respondents. Order affirmed, with ten dollars costs and disbursements, on same case (149 App. Div. 55). Present - Clarke, P. J., Laughlin, Scott, Smith and Page, JJ.; Clarke, P. J., dissented on dissenting opinion in that case. JAMES MURPHY, an Infant, etc., Respondent, v. OLIN J. STEPHENS, INC., Appellant.-Judgment affirined, with costs. No opinion. Present Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. JAMES MURPHY, Respondent, v. OLIN J. STEPHENS, INC., Appellant. - Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Scott, Smith and Page, JJ. App. Div.] First Department, November, 1916. WILLIAM SEDINA, Respondent, v. JOHN BEAVER, as Receiver of the SECOND AVENUE RAILROAD COMPANY, Appellant.- Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulate to reduce verdict to the sum of $7,500, in which event the judgment as so reduced and the order appealed from are affirmed, without costs. No opinion. Order to be settled on notice. Present Clarke, P. J., Laughlin, Scott and Dowling, JJ.; Clarke, P. J., dissented and voted for reversal and new trial. BLANCHE L. LIGHTFOOT, Appellant, v. MATTHEW A. KANE, Individually and as Executor, etc., and Others, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VITO CHIECA and LOUIS CHIECA, Appellants.-Judgment affirmed. No opin ion. Present Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. FRANK GIOELI, an Infant, etc., Respondent, v. SWIFT & COMPANY, INC., Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Lucco GALLO, Appellant. - Judgment and order affirmed. No opinion. Present — Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. GEORGE I. WILSON & SONS, Appellant, v. JOHN R. BURTON and Another, Respondents.-Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. ARNOLD E. PETERSON, Respondent, v. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY, Appellant.- Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. HARRY H. KUTNER, Respondent, v. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY, Appellant.-Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. JOHN DOUGLAS, Respondent, v. A. L. MORDECAI & SON, Appellant.Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. HANNAH B. ELGER, Respondent, v. PHOEBE A. D. BOYLE and Another, Individually and as Executors and Trustees, etc., and Others, Appellants, Impleaded with JOHN NEUSCHELER, Individually and as Executor and Trustee, etc., and Others, Respondents. - Judgment affirmed, with costs against appellant John H. B. Boyle individually. No opinion. PresentClarke, P. J., Laughlin, Scott, Dowling and Page, JJ. ELIZABETH B. COLT, Appellant, v. A. T. DEMAREST & Co., Respondent. - Judgment affirmed, with costs. No opinion. Present— Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. LENA WOLF, as Administratrix, etc., Respondent, v. NEW YORK RAILWAYS COMPANY, Appellant, Impleaded with Others.-Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. ELIZABETH A. VALENTINE, Appellant, v. JNO. WILLIAMS, INC., and Another, Respondents.- Order affirmed, with ten dollars costs and dis First Department, November, 1916. [Vol. 175. bursements. No opinion. Dowling and Page, JJ. Present Clarke, P. J., Laughlin, Scott, MICHAEL O'CONNELL, Respondent, v. JACOB & YOUNGS, INC., Appellant.- Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. EVA J. BLATTER, as Administratrix, etc., Respondent, v. THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY, Appellant.— Judgment and order affirmed, with costs. No opinion. Present-Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. EMMA G. BADGELEY, Appellant, v. CENTRAL CONSUMERS WINE AND LIQUOR COMPANY, Respondent.-Judgment affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. MARIA ACAMPORA, as Administratrix, etc., Respondent, v. T. J. MCLAUGHLIN'S SONS, Appellant.-Judgment and order affirmed, with costs. No opinion. Present-Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. CUBA DISTILLING COMPANY, Respondent, v. SAMUEL M. RICE, Appellant, Impleaded with DISTILLING COMPANY OF AMERICA and Others, Respondents. Appeal dismissed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. In the Matter of J. SIDNEY BERNSTEIN, an Attorney.-Proceeding dismissed. Order to be settled on notice. Present - Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ. In the Matter of GEORGE V. SMITH, an Attorney.- Motion granted. Order to be settled on notice. Present Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. WALTER CARPENTER V. J. L. PRESCOTT COMPANY.-Motion granted. Present - Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. NATHAN I. BERGER V. NATIONAL ARCHITECTS BRONZE COMPANY and Others. Motion denied, with ten dollars costs. Present - Clarke, P. J., Laughlin, Scott, Dowling and Page, JJ. FEDAR KOPANCES, Respondent, v. OCEAN STEAMSHIP COMPANY OF SAVANNAH, Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ.; Smith, J., dissented on the ground that the recovery is based upon the negligence of the superintendent not specified in the notice of injury. FARBER CONTRACTING COMPANY, Appellant, v. ESSIE CONSTRUCTION COMPANY, INC., Respondent. — Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. ELIZABETH CAIN, Respondent, v. GEORGE E. HALSEY and Another, Appellants. Judgment and order reversed, new trial ordered, costs to appellants to abide event, unless plaintiff stipulates to reduce verdict to $2,000, in which event judgment as so modified and order affirmed, without costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. MORRIS PARK ESTATES, Respondent, Appellant, v. JOSEPH P. DAY and Another. Appellants, Respondents.-Judgment affirmed, without costs. App. Div.] First Department, November, 1916. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. MARY CAREY, as Administratrix, etc., Respondent, v. NEW YORK RAILWAYS COMPANY, Appellant.- Judgment and order reversed, as against the weight of evidence, new trial ordered, costs to appellant to abide the event. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page JJ. JOHN MACON, Appellant, v. MARY MACON, Changed by Marriage to MARY BROWN, Respondent, Impleaded with Others.- Judgment affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. In the Matter of the Judicial Settlement of FRANK A. WILLIS, as Executor, etc., of PHEBE WILLIS, Deceased. HUDSON RIVER STATE HOSPITAL, Appellant; FRANK A. WILLIS, as Executor, etc., and Others, Respondents. - Decree affirmed, with costs. No opinion. Present-Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. WALTER L. GRAHAM, an Infant, etc., Respondent, v. ETHEL M. BISBEE, Impleaded with VIRGINIA W. MCMASTERS, Appellant.— Judgment and order affirmed, with costs. No opinion. Present-Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. SARAH J. GRAHAM, Respondent, v. ETHEL M. BISBEE, Impleaded with VIRGINIA W. MCMASTERS, Appellant.-- Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. BARNET FEINSTEIN, Respondent, v. MAX SCHWARTZ and Another, Appellants. - Judgment affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. FANNY BOYLE, Appellant, v. DANIEL BOYLE and Another, Individually and as Executors, etc., and Others, Respondents.- Judgment reversed, new trial ordered, costs to appellant to abide event, on the ground that the court erred in dismissing the complaint. No opinion. Present — Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. ANNETTA MORUZZI, an Infant, etc., Respondent, v. VICTOR GIANETT, Appellant.-Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. In the Matter of the Transfer Tax upon the Estate of JOSEPH HAWES, Deceased. WILLIAM E. STONE, Sole Surviving Trustee, Appellant; THE COMPTROLLER OF THE STATE OF NEW YORK, Respondent.— Order affirmed, with ten dollars costs and disbursements on 162 Appellate Division, 172. Present — Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. In the Matter of the Transfer Tax upon the Estate of GEORGIA C. BALCH, Deceased. THE COMPTROLLER OF THE STATE OF NEW YORK, Appellant; GRACE C. BALCH, Administratrix, etc., Respondent.— Order affirmed, with ten dollars costs and disbursements. No opinion. Present -- Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. JOHN C. LONGIARU, Respondent, v. WILLIAM B. BROWN, Appellant.— Judgment and order affirmed, with costs. No opinion. PresentClarke, P. J., Laughlin, Dowling, Smith and Page, JJ. First Department, November, 1916. [Vol. 175. MANUEL FERNANDEZ, as Administrator, etc., Respondent, v. WILLIAM H. MURRAY, Appellant.-Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ.; Clarke, P. J. and Laughlin, J., dissented. HARRY MIRANKER, Appellant, v. WILLIAM E. WILLIAMS, Respondent, Impleaded with Others.- Determination affirmed, with costs, on the authority of Hartell v. Simonson & Son Co. (218 N. Y. 345). Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ.; Clarke, P. J., and Laughlin, J., dissented and voted to reverse determination and reinstate judgment of Municipal Court. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENNY SABATINO, Appellant. - Judgment and order affirmed. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. COUNT JEAN KRASICKI, Respondent, v. UNIVERSAL TOOL STEEL COMPANY, LTD., Appellant.- Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and answer on payment of costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. SARAH ROSEN, Respondent, v. BRADLEY CONTRACTING COMPANY, Appellant. Judgment and order affirmed, with costs. No opinion. Present -- Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. CARRIE M. MANHEIMER and Another, Executors, etc., Respondents, v. 1241 BROADWAY COMPANY, Appellant, Impleaded with Another.— Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and answer on payment of costs. No opinion. Present — Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. BERNARD R. ROSE, Appellant, v. JOHN I. D. BRISTOL, Respondent.Judgment affirmed, with costs, on former opinion. (Reported in 174 App. Div. 15.) Present - Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM F. GASTON and Others, Trustees, etc., Appellants, v. LAWSON PURDY and Others, Commissioners of Taxes and Assessments, etc., of the City of New York, Respondents. Order affirmed, with ten dollars costs and disbursements, on the authority of People ex rel. Lazarus v. Feitner (65 App. Div. 318; 169 N. Y. 604). Present Clarke, P. J., Scott, Smith, Page and Davis, JJ. INDEPENDENT CHEMICAL COMPANY, Respondent, v. TENNESSEE COPPER COMPANY, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Scott, Smith, Page and Davis, JJ. In the Matter of the Petition of ROBERT HOLMES, Appellant, for an Inspection of Books and Records of ST. JOSEPH LEAD COMPANY. ST. JOSEPH LEAD COMPANY and Others, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J. Scott, Smith, Page and Davis, JJ. ABRAHAM L. WERNER, Respondent, v. FIVE HUNDRED FIFTEEN WEST TWENTY-NINTH STREET COMPANY, INC., and Others, Impleaded with NATHAN COLEMAN and Another, Appellants.- Order affirmed, with ten |