BERINGER V. FRAWLEY. (Supreme In re BOARD OF RAPID TRANSIT R. Court, Appellate Division, First Department. COM'RS. (Supreme Court, Appellate DiviDecember 8, 1911.) Action by Alvin B. Beringer against Patrick Frawley. No opinion. Motion granted, unless appellant complies with terms stated in order. BERTRAND, Respondent, v. HINCKLEY FIBER CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. December 8, 1911.) Action by Dorilda Bertrand, as administratrix, against the Hinckley Fiber Company. No opinion. Motion for leave to appeal to Court of Appeals denied, with $10 costs. For former decision, see 131 N. Y. Supp. 1104. BILICKI, Appellant, v. STATEN ISLAND SHIPBUILDING CO., Respondent. (Supreme Court, Appellate Division, Second Department. January 5, 1912.) Action by Thomas Bilicki against the Staten Island Shipbuilding Company. No opinion. Order reversed, with costs, and motion denied, with costs. See, also, 132 N. Y. Supp. 564. BISHOP. Respondent, v. KINGSTON GAS & ELECTRIC CO., Appellant. (Supreme Court, Appellate Division, Third Department. December 28, 1911.) Action by Emma Bishop, as administratrix, etc., of Arthur Bishop, deceased, against the Kingston Gas and Electric Company. No opinion. Motion granted, without costs. See, also, 131 N. Y. Supp. 1039. BLOCH, Appellant, v. BERNAT, Respondent. (Supreme Court, Appellate Division, First Department. January 12, 1912.) Action by Bert K. Bloch against Frank Bernat. S. J. Bloch, for appellant. J. A. Martin, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. BOARD OF EDUCATION OF UNION FREE SCHOOL DIST. NO. 4, OF TOWN OF NORTH HEMPSTEAD, IN COUNTY OF NASSAU, v. COOLEY et al. (Supreme Court, Appellate Division, Second Department. November 24, 1911.) Action by the Board of Education of Union Free School District No. 4 of the Town of North Hempstead, in the County of Nassau, against James S. Cooley, as School Commissioner, and the Village of Mott's Point, Village of Sands Point, and Village of Barker's Point, claiming to be municipal corporations, respondents. No opinion. Interlocutory judgment affirmed, with costs. sion, Second Department. November 28, 1911.) In the matter of the application of the Board of Rapid Transit Railroad Commissioners, etc., for the appointment of three commissioners, etc. Brooklyn and Manhattan Loop Lines, Brooklyn Sections. PER CURIAM. Motion denied, without costs. JENKS, P. J., not voting. BOUCK, Appellant. v. MOSHER, Respondent. (Supreme Court, Appellate Division, Third Department. December 28, 1911.) Action by John M. Bouck against Eli C. Mosher. No opinion. Judgment affirmed, with costs. BRANCH, Appellant. v. TOWN OF CAMBRIA, Respondent. (Supreme Court, Appellate Division, Fourth Department. December 6, 1911.) Action by Maria D. Branch against the Town of Cambria. PER CURIAM. Judgment and order affirmed, with costs. MCLENNAN, P. J., not sitting. BRANGACCIO, Respondent, v. WEBER PIANO CO., Appellant. (Supreme Court, Appellate Division, Second Department. January 12, 1912.) Action by Vincenzo Brangaccio against the Weber Piano Company. No opinion. Order affirmed, without costs, and without prejudice to a renewal of the motion, if the case is not diligently prosecuted. See, also, 143 App. Div. 612, 128 N. Y. Supp. 467. Ac BREWSTER et al. v. F. G. BREWSTER CO. (Supreme Court, Appellate Division, First Department. January 12, 1912.) tion by Ulysses B. Brewster and another against the F. G. Brewster Company; Eugene L. Parodi, petitioner. R. R. Reed, for appellant. J. A. Foley, for respondent. PER CURIAM. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 145 App. Div. 812, 130 N. Y. Supp. 654. INGRAHAM, P. J., dissents, on his dissenting opinion in People v. Oriental Bank, 129 App. Div. 865, 114 N. Y. Supp. 440; and Fenn v. Ostrander, 133 App. Div. 940, 118 N. Y. Supp. 117. BROOKS, Respondent, v. NASSAU ELECTRIC R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. November 24, 1911.) Action by Anna M. Brooks against the Nassau Electric Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs. BRUKENFELD, Respondent, v. AMERICAN BONDING CO., Appellant. (Supreme Court, Appellate Division First Department. January 12, 1912.) Action by Yatte Brukenfeld against the American Bonding Company. J. L. Prager, for appellant. S. J. Rosenblum, | Michael Callahan against the Munson Steamfor respondent. No opinion. Order affirmed, ship Line, and others. with $10 costs and disbursements. Order filed. PER CURIAM. Judgment and order (71 Misc. Rep. 525, 130 N. Y. Supp. 869) affirmed, with costs, on the authority of Callahan v. Munson Steamship Line, 141 App. Div. 791, 126 N. Y. Supp. 538. menaroiz Cepenobuiz, as administrator, etc., against the New York Central & Hudson River Railroad Company. No opinion. Motion for leave to appeal to Court of Appeals denied, with $10 costs. For former opinion, see 132 N. Y. Supp. 143. CHARLES H. BROWN PAINT CO., Respondent, v. REINHARDT, Appellant, et al. (Supreme Court, Appellate Division, Second Department. January 5, 1912.) Action by the Charles H. Brown Paint Company against Charles J. Reinhardt, impleaded with William W. Penfield. PER CURIAM. Judgment affirmed, with costs. See, also, 131 N. Y. Supp. 1107. WOODWARD, J., dissents. CHOROST, Appellant, v. TEITELBAUM, Respondent. (Supreme Court, Appellate Division, Second Department. November 24, 1911.) Action by Aron Chorost against Louis Teitelbaum. PER CURIAM. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event. As defendant admitted an indebtedness of $18, judgment should not have been entered dismissing plaintiff's complaint. In view of the confused character of the testimony given upon the trial of this action, we think, in the interests of justice, that instead of requiring defendant to stipulate for judgment for the sum admitted to be due, with costs, a new trial should be ordered, when, perhaps, the testimony may be presented in a more intelligible manner. In re CITY OF NEW YORK (Cross River Dam or Reservoir). (Supreme Court, Appel late Division, Second Department. December 21, 1911.) In the matter of the application of the City of New York, to acquire certain real estate in the Towns of Lewisboro, etc., for the purpose of a dam or reservoir on Cross river, etc. PER CURIAM. Order of the Special Term reversed, with $10 costs and disbursements, on the authority of Matter of Blackwell's Island Bridge, 198 N. Y. 84, 92, 91 N. E. 278, and matter remitted to the Special Term for the appointment of new commissioners and a new hearing. See, also, 126 App. Div. 934, 110 N. Y. Supp. 1148. In re CITY OF NEW YORK (Valley Stream). (Supreme Court, Appellate Division, Second Department. December 8, 1911.) In the matter of the application of the City of New York, appellant, to acquire certain real estate at Valley Stream, etc., for purposes of water supply. PER CURIAM. Order modified, on reargument, by reducing the compensation for each commissioner to $6,500, and, as so modified, the order is affirmed, without costs. HIRSCHBERG, J., votes for affirmance. CITY OF NEW YORK v. FREDERICKS. (Supreme Court, Appellate Division, First Department. December 8, 1911.) Action by the City of New York against Henry J. Fredericks. No opinion. Application granted. Order signed. CITY OF NEW YORK, Appellant, v. SICILIAN ASPHALT PAVING CO., Respondent. (Supreme Court, Appellate Division, First Department. December 29, 1911.) Action by the City of New York against the Sicilian Asphalt Paving Company. T. Farley, for appellant. W. L. Glenney, for respondent. PER CURIAM. Judgment affirmed, with costs, on opinion of Scott, J., on former appeal. 145 App. Div. 817, 130 N. Y. Supp. 468. Order filed. INGRAHAM, P. J., and MCLAUGHLIN, J., dissenting, on dissenting opinion of McLaughlin, J., on former appeal. CLARKE v. MOORE. (Supreme Court, Appellate Division, First Department. December 22, 1911.) Action by Mary Clarke against Elizabeth J. Moore. With this case have been consolidated in this court cases bearing titles as follows: George X. Wilson v. Patrick Reilly; Marta Montalaro v. Maxwell & Dempsey : Anton H. Meyer v. George Carmer et al. (two cases); Lazzari & Barton v. George R. Walgrove. No opinion. Motions granted, with $10 costs. Orders filed. Manufacturing Company. A. G. Reeves, for | Continental Securities Company and others appellant. F. W. Clifford, for respondent. PER CURIAM. Judgment affirmed, with costs. Order filed. LAUGHLIN and CLARKE, JJ., dissent. against August Belmont and others. No opinion. Motion granted, and cause set down for argument on Thursday, December 7, 1911. See, also, 131 N. Y. Supp. 713, 1109. GINEERS, NO. 1, et al. (Supreme Court, Appellate Division, First Department. December 22, 1911.) Appeal from Special Term, New York County. Action by Michael J. Craven against the Eccentric Association of Engineers, No. 1, and others. From an order granting a motion for reargument of motion to continue an injunction during pendency of action, vacating decision of the original motion, and granting motion for injunction, defendants appeal. Affirmed. Edwin P. Kilroe, for appellants. M. S. Schector, for respondent. CRAVEN. ECCENTRIC ASS'N OF EN PER CURIAM. As the temporary injunction appealed from does nothing more than to preserve the status quo pending the trial, the order appealed from will be affirmed, with $10 costs and disbursements, without expressing any opinion on the merits, or as to whether the plaintiff is entitled to any relief. CRAWFORD, Respondent, V. ROBERTSON, Appellant. (Supreme Court, Appellate Division, First Department. December 22, 1911.) Action by William A. Crawford against Musco M. Robertson. W. K. Hall, for appellant. H. M. Dater, for respondent. Νο opinion. Order affirmed, with $10 costs and disbursements. Order filed. CULGIN, Respondent, v. TITLE GUARAN- | ministrator, etc., of Andrea M. Depirro, deTY & SURETY CO., Appellant. (Supreme ceased, against the John N. Robins Company. Court, Appellate Division, First Department. PER CURIAM. Judgment and order affirmDecember 22, 1911.) Action by Susan E. Cul- ed, with costs. gin against the Title Guaranty & Surety Company. D. Burke, for appellant. J. Fettretch, for respondent. No opinion. Exceptions overruled, and motion for new trial denied, with costs. Settle order on notice. DE MICHELE, Respondent, v. TIMPANO, Appellant. (Supreme Court, Appellate Division, Second Department. December 21, 1911.) Action by Alfonso De Michele against Michael Timpano. PER CURIAM. As the testimony of the defendant in relation to his counterclaim for $45 for money paid for water rates at the request of plaintiff's assignor was not controverted, the trial court should have allowed this counterclaim of $45. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, unless plaintiff stipulate within 20 days to reduce the judgment to the sum of $226.75, in which case the judgment, as so reduced, is affirmed, without costs of this appeal. DEPIRRO, Respondent, v. JOHN N. ROBINS CO., Appellant. (Supreme Court, Appellate Division, Second Department. January 12, 1912.) Action by Pietro Depirro, as ad BURR, J., dissents, on the ground that there was no proof of freedom from contributory negligence (Riceman v. Havemeyer, 84 N. Y. 647; Geoghegan v. Atlas Steamship Co., 3 Misc. Rep. 224, 228, 22 N. Y. Supp. 749, s. c. 146 N. Y. 369, 371, 40 N. E. 507), and also that the requests to charge at folios 191 and 192 were improperly refused. In re DE VANEY. (Supreme Court, Appellate Division, Third Department. January 12, 1912.) In the matter of the judicial settlement of the account of John R. De Vaney, as executor of the estate of Harry S. Gordon, deceased. PER CURIAM. Decision (132 N. Y. Supp. 582) modified, so as to allow the special guardian costs and disbursements of the appeal, to the executor the printing disbursements, to be be taxed, payable out of the estate, and also taxed, payable out of the estate. DOSCHER et al. v. LAUER et al. (Supreme Court, Appellate Division, Second DeHenry Doscher and others, as executors, etc., November 24, 1911.) Action by partment. of Claus Doscher, and Gesine Engel, as executrix, etc., against Edward W. Lauer and others. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 143 App. Div. 949, 128 N. Y. Supp. 1120. DOYLE, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent. (Supreme Court, Appellate Division, Third Department. December 28, 1911.) Action by James F. Doyle, Sr., as administrator, etc., of James F. Doyle, |