partment. February 8, 1924.) Judgment and order affirmed, with costs. No opinion. Order filed.

Ida ROSENBERG, respondent, v. UNITED TEXTILE PRINT WORKS, Inc., appellant. (Supreme Court, Appellate Division, Second Department. January 25, 1924.) Order affirmed, with $10 costs and disbursements. No opinion. Kelly, P. J., and Jaycox., Manning, Young, and Kapper, JJ., concur.

Rosa ROSENFELD, Respt., V. Hyman AARON, Applt. (Supreme Court, Appellate Division, First Department. January 18, 1924.) Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. No opinion. Order filed.

George H. ROSENSTEIN, as trustee in bankruptcy, etc., respondent, v. Joseph LEFF, appellant, and Annie Leff, defendant. (Supreme Court, Appellate Division. Second Department. January 18, 1924.) Order affirmed, with $10 costs and disbursements. No opinion. Kelly, P. J., and Jaycox, Manning, Young, and Kapper, JJ., concur.

Henrietta ROTHHOLZ, Respt., v. Louis ROTHHOLZ, Applt. (Supreme Court Appellate Division, First Department. February 1, 1924.) Judgment modified, as indicated in order, and, as so modified, affirmed, with costs. No opinion. Order filed.

ROYAL INDEMNITY CO., Respt., v. J. G. WHITE ENGINEERING CORPORATION and one, Applts. (Supreme Court, Appellate Division, Fourth Department. January 2, 1924.) Order (120 Misc. Rep. 332, 198 Ň. Y. Supp. 264) affirmed, with $10 costs and disbursements, on the ground that the complaint, as ordered amended, states sufficiently one cause of action only against defendants; the measure of damages, the extent of recovery, and the disposition of any excess over the award not being before the court on this appeal. All concur.

Edith P. RUCKERT et al., as executors, etc., of Christian C. Ruckert, deceased, appellants, v. Nat. MILLER, etc., respondent. (Supreme Court, Appellate Division, Second Department. January 29, 1924.) Order denying motion to vacate judgment and findings, etc., affirmed, with $10 costs and disbursements. No opinion. Kelly, P. J., and Rich, Manning, Kelby, and Young, JJ., concur.

Before State Industrial Board, respondent. Elizabeth M. RUNG, Claimant, respondent,

v. CITY OF NEW YORK (Bronx Parkway Commission) appellant. (Supreme Court, Appellate Division, Third Department. January 17, 1924.) Motion denied.

John RUSSELL, Respt., V. NORFOLK SOUTHERN R. CO., Applt. (Supreme Court, Appellate Division, First Department. February 1, 1924.) Determination appealed from and order of the City Court reversed, with $10 costs and disbursements to appellant in this court and in the Appellate Term, and motion granted, with $10 costs. No opinion. Order filed.

Alice RYAN, as administratrix of the goods, etc., of Edward F. Ryan, deceased, appellant, v. FEENEY & SHEĚHÁN BUILDING CO., respondent. (Supreme Court, Appellate Division, Third Department. January 17, 1924.) Judgment unanimously affirmed, with costs. See, also, 202 App. Div. 45, 195 N. Y. Supp. 365.

Magnus SACKS and Hyman Morris Isenfeld, respondents, v. Louis KORCHIN, appellant. (Supreme Court, Appellate Division, Second Department. January 25, 1924.) Determination of the Appellate Term, reversing the judgment dismissing plaintiffs' complaint and diof $485, with interest and costs, unanimously recting judgment for the plaintiffs in the sum affirmed, with costs. No opinion.

Jeannette SACKS, respondent, v. Harry M. SACKS, appellant. (Supreme Court, Appellate Division, Second Department. December 21, affirmed, with costs. No opinion. 1923.) Interlocutory judgment unanimously

SAGE FOUNDATION PANY. respondent, v. SAGE-FOREST HILLS HOMES COMASSOCIATES, Inc., and others, appellants, Supreme Court, Appellate Division, Second (119 Misc. Rep. 669, 197 N. Y. Supp. 877) afDepartment. January 11, 1924.) Judgment firmed, with costs. fact, found as proposed by defendant, is reThe thirtieth finding of versed as contrary to the evidence. No opinion. Kelly, P. J., and Kelby and Kapper, JJ., concur. Rich and Manning, JJ., dissent.

SAMMIS & CLARK, Inc., respondent, v. ESTROSE REALTY CORPORATION, appellant. (Supreme Court, Appellate Division, Second Department. January 25, 1924.) Judgment unanimously affirmed, with costs. No opinion.

Arch R. SAMPSON v. Nelson Z. GRAVES. (Supreme Court, Appellate Division, First De

Carmen SANCHEZ, respondent, v. Henry SANCHEZ, appellant. (Supreme Court, Appellate Division, Second Department. January 11, 1924.) Motion for leave to appeal to the Court of Appeals denied. The uncontradicted evidence in this case is that, although at the time the agreement was executed the parties lived under the same roof, they had, in fact, been estranged from each other for some months before, and had not cohabited as husband and wife during that period. This situation, in our opinion, distinguishes the present case from the authorities referred to by the appellant. Kapper, J., not voting.

Charles Louis SANKEY, appellant, v. Thomas M. TOBIN, as Commissioner of Public Safety of the City of Yonkers, respondent. (Supreme Court, Appellate Division, Second Department. January 4, 1924.) Órder denying appellant's application for a peremptory mandamus order unanimously affirmed, with costs. No opinion.

In the matter of proving the last WILL and testament of Frank SANTRUCEK, deceased. (Supreme Court, Appellate Division, Second Department. December 21, 1923.) Motions for reargument or for leave to appeal to the Court of Appeals denied, without costs.

Irving A. SARTORIOUS et al., Respts., v. Frederick L. SPIRO, Applt. (Supreme Court, Appellate Division, First Department. January 25, 1924.) Order affirmed, with $10 costs and disbursements, with leave to the defendant to answer within 10 days from service of order, upon payment of said costs. No opinion. Order filed.

Before State Industrial Board, respondent. Isaac SATZ, claimant, respondent, v. Joseph SCHEER and another, appellants. (Supreme Court, Appellate Division, Third Department.

January 9, 1924.) Award unanimously affirmed, with costs in favor of the State Industrial Board.

Charles SAUER, appellant, v. STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY, respondent. (Supreme Court,_Appellate Division, Second Department. January 11, 1924.) Judgment and order reversed upon the law, and new trial granted, with costs to abide the event, for error in the charge of the trial court appearing at folio 723 of the record Jaycox, and Young, JJ., concur. Manning, J., on appeal. No opinion. Kelly, P. J., and Rich,

dissents.

Frederick SCHANTZ, respondent, v. A. I. NAMM & SON, Inc., appellant. (Supreme Court, Appellate Division, Second Department. December 21, 1923.) Motion for reargument Motion for leave to denied, with $10 costs. appeal to the Court of Appeals denied, without

costs.

Christian SCHENCK, appellant, v. STATE LINE TELEPHONE COMPANY et al., etc., respondents. (Supreme Court, Appellate Division, Second Department. January 11, 1924.) Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. Settle order on notice, containing question or questions to be certified. See. also, 207 App. Div. 454, 202 N. Y. Supp. 378.

Rudolph SCHIFFER v. THIRD AVENUE RAILROAD CO. (Supreme Court, Appellate Division, First Department. February 11, 1924.) Motion for stay pending appeal granted, on condition stated in order. Order filed.

Philip J. SCHMIDT, Respt., v. Regina GUNTHER et al., Defts., Impleaded with Frank A. Seitz, indiv. and as Executor, etc., Applt. (Supreme Court, Appellate Division, First Dewith $10 costs, and stay vacated. Order filed. partment. January 14, 1924.) Motion denied.

Samuel SCHNAPER, Applt., v. Helen PIZER, as Adm'x, etc., Respt. (Supreme Court, Appellate Division, First Department. Febru ary 1, 1924.) Judgment and order affirmed, with costs. No opinion. Order filed.

Henry J. SCHNITZER v. Louis M. JOSEPHTHAL et al. (Supreme Court, Appellate Division, First Department. January 14, 1924.) Motion granted, on condition that appeal be argued or submitted on January 25, 1924. Order filed.

Henry J. SCHNITZER, Applt., v. Louis M. JOSEPHTHAL et al., Respts. (Supreme Court, Appellate Division, First Department. February 1, 1924.) Order affirmed, with $10 costs and disbursements. No opinion. Settle order on notice, fixing the date for the examination to proceed.

Henry J. SCHNITZER, Applt., v. Louis M. JOSEPHTHAL et al., Respts. (Supreme Court, Appellate Division, First Department. February 1, 1924.) Order (202 N. Y. Supp. 77) affirmed, with $10 costs and disbursements. No opinion. Order filed.

SCHNITZER SECURITIES CO., Inc., Applt., v. Maurice SINGER, Respt. (Supreme Court, Appellate Division, First Department. February 8, 1924.) Order affirmed, with $10 costs and disbursements. No opinión. Order filed.

Anna SCHOCH v. Adolph SCHOCH. (Supreme Court, Appellate Division, First Department. December 21, 1923.) Motion denied, with $10 costs. Order filed.

In the matter of the laying out, opening and extending SCHOOL STREET, as a public street of the CITY OF YONKERS, from Nepperhan Avenue to Elm Street and Palisade Avenue. (Supreme Court, Appellate Division, Second Department. December 21, 1923.) Final order and decree unanimously affirmed, with costs. No opinion.

In the matter of laying out, opening and extending SCHOOL STREET as a public Street of the CITY OF YONKERS, from Nepperhan Avenue to Elm Street, and Palisade Avenue. (Supreme Court, Appellate Division, Second Department. January 25, 1924.) Motion for reargument or for leave to appeal to the Court of Appeals denied, without costs.

Irving I. SCHOTT and another v. Floyd J. SHUTTS. (Supreme Court, Appellate Division, First Department. December 21, 1923.) Motion to dismiss appeal granted, with $10 costs. Order filed.

Charles A. SCHRADER, Respt., v. NEW YORK STATE RAILWAYS, Applt. (Supreme Court, Appellate Division, Fourth Department. January 9, 1924.) Motion for reargument denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied.

SEABOARD NATIONAL BANK OF NORFOLK, Applt., v. Edwin H. SPENCE, Respt. (Supreme Court, Appellate Division, First Department. February 1, 1924.) Order modified, by striking out the provision for the payment of expenses of the defendant himself to attend the examination, and the provision for the delivery of the transcript of the books of the plaintiff, and, as so modified, affirmed, without costs. Settle order on notice, fixing the date for the examination to proceed, and the time within which stipulation to pay expenses of counsel for defendant should be made. No opinion.

Frank SEAMAN, respt., v. Rose A. SEAMAN, applt. (Supreme Court, Appellate Division, Fourth Department. January 11, 1924.) Appeal dismissed, without costs, on stipulation filed.

James O. SEBRING, respt., v. Abraham J. GOLDMAN, applt. (Supreme Court, Appellate Division, Fourth Department. January 11, 1924.) Motion granted, and appeal dismissed, with costs.

Before State Industrial Board, respondent. Israel SEIDMAN, claimant, respondent, v. TRACHTENBERG & KASMINSKY and another, appellants. (Supreme Court, Appellate Division, Third Department. January 17, 1924.) Motion granted, unless within 20 days appellants perfect appeal, in which event motion is denied.

Matter of Application of Clarence J. SHEARN v. Charles L. CRAIG, as Comptroller, etc. (Supreme Court, Appellate Division, First Department. December 21, 1923.) Motion denied, with $10 costs. Order filed.