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late Division, First Department. February 1,, uary 2, 1924.) Judgment (115 Misc. Rep. 683, 1924.) Application denied, with $10 costs. 189 N. Y. Supp. 43) affirmed, with costs. All Order signed.

concur.

Joseph SMITH, appellant, v. J. Sims BART- In the matter of Frederick G. SPENCER, an LEY, as Building Inspector of the City of Yon- attorney and counselor at law. (Supreme kers, respondent. (Supreme Court, Appellate Court. Appellate Division. Third Department. Division, Second Department. January 18, January 17, 1924.) Order settled. See, also, 1924.) Final order denying peremptory order 206 Apr. Div. 806, 201 N. Y. Supp. 315. of mandamus unanimously affirmed, with costs. No opinion.

SPRINGFIELD SAFE DEPOSIT & TRUST Arthur E. SMITH DEE REALTY

CO., as Ex'r, etc., v. Benjamin WINTER. (SuCORIN and another. (Supreme Court, Ap- preme Court, Appellate Division, First Depellate Division, First Department. Febru-partment. January 18, 1924.) Motion denied, ary 1, 1924.) Motion denied, with $10 costs. with $10 costs, and stay vacated. Order filed. Order filed.

Before State Industrial Board, respondent. Howard C. SMITH, as administrator, etc., John S. STANFORD, claimant, appellant, v. respondent, v. Cora RÍGGI, appellant. Appeal |GEORGE N. REINHARDT & Co. and anNo. 5. (Supreme Court, 'Appellate Division, other, respondents. (Supreme Court, AppelSecond Department. January 25, 1924.) late Division, Third Department. January 9, Judgment unanimously affirmed, with costs. No 1924.) Award unanimously affirmed, without opinion.

costs.

Harold H. SMITH, an infant, etc., respond- Thomas M. STANLEY, respondent, v. Daniel ent, v. Cora RIGGI, appellant. . Appeal No. 6. J. LEARY, and William C. Reid. copartners, (Supreme Court, Appellate Division, Second etc.: appellants. (Supreme Court, Appellate Department. January 25, 1924.) Judgment Division, Second Department. December 21. unanimously affirmed, with costs. No opinion. 1923.) Judgment (120 Misc. Rep. 808, 199 N.

Y. Supp. 617) reversed upon the law, and complaint unanimously dismissed, without costs,

upon authority of Ransome Concrete Machinery Howard C. SMITH, respondent, v. Cora Co. v. Moody (C. C. A.) 282 Fed. 29, 36. RIGGI, appellant. Appeal No. 7. (Supreme Court, Appellate Division, Second Department. January 25, 1924.) Judgment unanimously af- Thomas M. STANLEY, respondent, v. Danfirmed, with costs. No opinion.

iel J. LEARY and William C. Reid, copartners, etc., appellants. (Supreme Court, Appellate Division, Second Department. January 11,

1924.) Motion to resettle order denied. See, Howard C. SMITH, respondent, v. Cora also, 120 Misc. Rep. 808, 199 N. Y. Supp. 617. RIGGI, appellant. Appeal No. 8. (Supreme Court, Appellate Division, Second Department. January 25, 1924.) Judgment unanimously af

STATE REALTY CO. v. Joshua L. POST. firmed, with costs. No opinion.

(Supreme Court, Appellate Division, First Department. February 1, 1924.) Application de.

nied, with $10 costs. Order signed. Howard C. SMITH, respondent, V. Cora RIGGI, appellant. Appeal No. 9. '(

(Supreme Court, Appellate Division, Second Department. Isaac STEINBERG, Applt., v. Martha DE January 25, 1924.) Judgment unanimously af- JONGH, Adm's, etc., Respt. (Supreme firmed, with costs. No opinion.

Court, Appellate Division, First Department.
February 8, 1924.) Judgment affirmed, with

costs. No opinion, Order filed. Jennie SMITH, respondent, v. Cora RIGGI, appellant. Appeal No. 10. (Supreme Court, Appellate Division, Second Department. Jan- in Sidney STERN and another v. Carl A. GEIS

In the Matter of Supplementary Proceedings uary 25, 1924.) Judgment unanimously af- LER. (Supreme Court, Appellate Division, firmed, with costs. No opinion.

First Department. December 21, 1923.) Application denied, with $10 costs. Order signed.

as

Kate E. SMITH, as Adm'x, etc., Applt., v. STATE of New York, Respt. (Supreme Court, Harry STERN V. TROCHMAN-BROWN, Appellate Division, Fourth Department. Jan-1 Inc., impld., etc. (Supreme Court, Appellate

(202 N.Y.S.) Division, First Department. December 21, John G. STUART, Respt., V. PREST-AIR 1923.) Application denied, with $10 costs. Or- CORPORATION, Applt. (Supreme Court, Apder signed.

pellate Division, First Department. February 1, 1924.). Order, so far as appealed from, af

firmed, with $10 costs and disbursements. No William STEVENS V. ATCHISON, TOPEKA opinion. Order filed. & SANTA FÉ RAILWAY CO. (Supreme Court, Appellate Division, First Department, February 1, 1924.) Motion for leave to appeal to the Court of Appeals granted. Motion for

Leo F. STURM v. CHATHAM & PHENIX reargument denied. Order filed.

NATIONAL BANK OF THE CITY OF NEW
YORK. (Supreme Court, Appellate Division,
First Department. January 18, 1924.) Appli-

cation denied, with $10 costs. Order signed. Matter of Application of PEOPLE, by Fran. cis R. STODDARD, Jr., as Supt., etc., re City Equitable Fire Insurance Co., Ltd., of London. Eng. CARPINTER & BAKER, Respt., 5. CITY TRUST co. and Marine Trust Co., Respts.

Isadore SUGERMAN, Applt., v. CITIZENS' EQUITABLE FIRE INS. CO., Ltd. (Supreme (Supreme Court, Appellate

Division, Fourth December 21, 1923.) Motion granted. Settle Department. January 2, 1924.), Appeal disorder on notice.

missed, without costs, upon stipulation filed.

STREET RAILWAYS ADVERTISING CO., Applt., v. PARTOLA MANUFACTURING CO.,

Jerry SULLIVAN, Applt., V. BROOKLYN Inc.

, et al., Respts. (Supreme Court, Appei: CITY R. R. CO., Respt. (Supreme Court, Aplate Division, First Department. December 21, Bellate Division, First

Department. December 1923.) Order affirmed, with $10 costs and dis: 121, 1923.) Order affirmed, with $10 costs and bursements. The bill of particulars to be serv

disbursements. No opinion. Smith, J., dised within 10 days. No opinion. Order filed.

sents, Order filed.

Adele T. SULTZBACH, Applt., v. George F. STREET RAILWAYS ADVERTISING CO., SULTZBACH, Respt. (Supreme Court, AppelApplt., v. PARTOLA MANUFACTURING CO., late Division, First Department. February 1, Inc., Respts. (Supreme Court, Appellate Divi- 1924.) Order, so far as appealed from, afsion, First Department. December 21, 1923.) |firmed, with leave to the plaintiff to serve a Order entered May 31, 1923, affirmed, with $10 further amended complaint in an action at law costs and disbursements. Appeal from order within 20 days from service of order, upon entered June 15, 1923, dismissed. The bill of payment of $10 costs of motion at Special particulars to be served within 15 days. No Term. No opinion. Order filed. opinion. Order filed.

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STREET RAILWAYS ADVERTISING CO., Seymour ABRAMS, Applt.

SUSQUEHANNA SILK MILLS, Respt., v.

(Supreme Court, Applt., v. PARTOLA MANUFACTURING CO: Appellate Divison, First Department. DecemIn et al., Respts. (Supreme Court, Appel-ber 21, 1923.) Judgment modified, by reducing late Division, First Department. December 21, the amount as entered to the sum of $6,049.59, 1923.) Order reversed, with $10 costs and dis- and, as so modified, affirmed, with costs. No bursements, and motion granted, with $10 costs,

opinion. Order filed. and the notice of examination vacated, with leave to defendants to serve a new notice of examination, if so advised, after the bill of particularg herein ordered has been served. No opinion. Order filed.

Joseph SZECKUS, respondent, V. OVERSEAS SHIPPING COMPANY, Inc., appellant. (Supreme Court, Appellate Division, Second

Department. January 25, 1924.) Judgment STREET RAILWAYS ADVERTISING CO. and order unanimously affirmed, with costs. V. PARTOLA MANUFACTURING CO., Inc., No opinion, et al. (Supreme Court, Appellate Division, First Department. February 1, 1924.) Motion

Allen D. TAUB, as Rec'r, etc., Respt., v. denied, with $10 costs. Order filed.

NATIONAL SURETY CO., impld., etc., Applt. (Supreme Court, Appellate Division, First De

partment. January 25, 1924.) Order affirmed, STREDT & FINNEY, Inc., V. DENMAN-1 with $10 costs and disbursements, with leave MYERS CORD TIRE CO. (Supreme Court, to defendant to answer within 10 days from Appellate Division, First Department. January service of order, upon payment of said costs 28, 1924.) Motion denied, with $10 costs. Or- and $10 costs of motion at Special Term. No der filed.

opinion, Order filed.

Elizabeth G. TAYLOR, respt., v. Richard H. TOWN OF TONAWANDA, Respt., v. CITY TAYLOR, applt. (Supreme Court, Appellate OF BUFFALO, Applt. (Supreme Court, ApDivision, Fourth Department. January 11, pellate Division, Fourth Department January 1924.) Appeal dismissed, unless appellant shall 9, 1924.) Motion to dismiss appeal granted, unplace the same on the March, 1924, term cal-less appellant shall place the appeal on the endar.

March, 1924, term calendar.

Before State Industrial Board, respondent. Mrs. Anna TEALDO, claimant, respondent, v.

Tony TORANTO, respondent, . Arthur AIMONE & CRESTO and another, appellants. CARBONE, appellant; Anna Filatro, defendant (Supreme Court, Appellate Division, Third De (Supreme Court, Appellate Division, Second partment. January 17, 1924.) Motion denied. Department. January 25, 1924.) Judgment

unanimously affirmed, with costs. No opinion.

Jessie M. TEMPLE, respondent, v. William Frederick E. TRAUB. respondent, V. ARH. KEELER, appellant. (Supreme Court, Ap- ROW MANUFACTURING CORPORATION pellate Division, Third Department. January et al., appellants. (Supreme Court, Appellate 17, 1924.) Motion for reargument denied. Division, Second Department. December 21, Motion for leave to appeal to the Court of Ap-1923.) Motion to resettle order granted.' Setpeals granted.

tle order on notice.

Frank TEVELOVICH, appellant, v. UNITED STATES STEEL PRODUCTS COMPANY, respondent. (Supreme Court, Appel- Cordelia TRECARTIN, an infant, etc., relate Division, Second Department. December spondent, v. Cora RIGGI, appellant. Appeal 21; 1923.) Motion for reargument denied, No. 1. (Supreme Court, Appellate Division, with $10 costs.

Second Department. January 25, 1924.)
Judgment unanimously affirmed, with costs.

No opinion. THOMPSON-STARRETT CO., Respt., . v. THREE HUNDRED PARK AVE., Inc., impleaded, etc., Applt. (Supreme Court, Appel- Frank H. TRECARTIN, respondent, v. Cora late Division, First Department. December RIGGI, appellant. Appeal No. 2. (Supreme 17, 1923.) Order affirmed, with $10 costs and Court, Appellate Division, Second Department. disbursements. No opinion. Order filed. January 25, 1924.) Judgment unanimously af.

firmed, with costs. No opinion.

THOMPSON-STARRETT CO. V. THREE
HUNDRED PARK AVE., Inc. (Supreme Mabel Frances TRECARTIN, an infant, etc.,
Court, Appellate Division, First Department. respondent, V. Cora RIGGI, appellant. Ap-
December 17, 1923.) Motion for stay denied, peal No. 3. (Supreme Court, Appellate Divi-
with $10 costs, and stay vacated. Order filed. sion, Second Department. January 25, 1924.)

Judgment unanimously affirmed, with costs.
No opinion,

Owen S. M. TIERNEY, as Trustee, etc., Respt., V. J. C. DOWD. & CO., Inc., Applt.

Frank H. TRECARTIN, respondent, v. Cora (Supreme Court, Appellate Division, First De-RIGGI, appellant. Appeal No. 4. (Supreme partment, December 21, 192.) Judgment Court, Appellate Division, Second Department (197 N. Y. Supp. 153) affirmed, with costs. No January 25, 1924.) Judgment unanimously afopinion, Order filed.

firmed, with costs. No opinion.

Owen S. M. TIERNEY, as Trustee, etc., v. Rose TRITSCHLER v. Stephen TRITSCHJ. C. DOWD & CO., Inc. (Supreme Court, LER. (Supreme Court, Appellate Division, Appellate Division, First Department. Jan- First Department. January 18, 1924.) Motion uary 18, 1924.) Motion denied, with $10 costs. granted, so far as to stay proceedings pending Order filed.

appeal, and in all other respects denied. Order

filed. TIMES SQUARE AUTOMOBILE CO. v. MOTOR CAR EQUIPMENT CO., Inc. (two 255 FIFTH AVENUE CORPORATION V. cases.) (Supreme Court, Appellate Division, Gerald G. FREEMAN and another. (Supreme First Department. December 21, 1923.) Mo-Court, Appellate Division, First Department. tion to dismiss appeal granted, with $10 costs. December 21, 1923.) Motion denied, with $10 Order filed.

costs. Order filed.

(202 N.Y.S.) Wasyl TYZNIK, as administrator, etc., of VANDERBILT AVENUE REALTY Katie Tyznik, respondent, v. George MEL- CORP'N, Applt., v. Harriet St. Clair RIDER, DRUM and Louis Meklenberg, appellants. (Su- Respt. (Supreme Court, Appellate Division, preme Court, Appellate Division, Second De- First Department. December 28, 1923.) Judgpartment. January 11, 1924.) Motion for leave ment and order affirmed, with costs. No opinto appeal to the Court of Appeals denied, and ion. Order filed. stay continued for 30 days to enable application to be made to the Court of Appeals.

VANDERBILT AVENUE REALTY CORP'N v. Harriet St. Clair RIDER. (Su

preme Court, Appellate Division, First DepartUNION RAILWAY CO. OF N. Y. CITY v.

ment. February 1, 1924.) Motion denied, with CITY OF NEW YORK, and another. (Su- $10 costs. Order filed. preme Court, Appellate Division, First Department. January 18, 1924.) Motion denied, with $10 costs. Order filed.

In the matter of the application of Walter E. VANNIER and others, respondents, for an order requiring the Anti-Saloon League of New

York, appellants, to file a statement and acUNITED CORK COMPANIES, Respt., v.

count of receipts and expenditures in connecAnthony F. RODERICK and another. Applts. tion with the fall primary election and the gen(Supreme Court, Appellate Division, First De: eral election of 1922. (Supreme Court, Appelpartment. December 28, 1923.) Judgment and late Division, Third Department. January 17, order affirmed, with costs. No opinion. Order 19:24.)

Motion granted. See, also, 120 Misc. filed.

Rep. 412, 198 N. Y. Supp. 605.

UNITED CORK COMPANIES V. Anthony
F. RODERICK and another. (Supreme Court, FERRED ACCIDENT ASSURANCE CO. OF

Lillian A. VAN RIPER, Applt., V. PREAppellate Division, First Department: Febru- 1 NEW YORK, Respt. (Supreme Court, Appelary 1, 1924.) Motion denied, with $10 costs. late Division, First Department. January 25, Order filed.

1924.) Judgment and order affirmed, with

costs. No opinion. Order filed, UNITED STATES of America ex rel. Lemvel S. MATTHEWS, respondent, v, MASSACHUSETTS BONDING & INSURANCE COM

Agapito VASQUEZ, as administrator, etc., of PANY and P. H. Keahon, Inc., appellants. Maximiliano Sanchez, decoased, respondent, v. (Supreme Court, Appellate Division, Second PANAMA RAILROAD COMPANY, appellant. Department. January 25, 1924.) Motion for Supreme Court, Appellate Division, Second

January 11, 1924.) Judgment reargument denied. Motion for leave to ap- modified, by striking out the item of $717.50: peal to the Court of Appeals granted.

being interest on the verdict, on authority of Lynott v. Great Lakes Transit Corporation,

202 App. Div. 613, 621, 195 N. Y. Supp. 13, and, UNITED STATES PRINTING & LITHOGRAPH CO., Respt., v. THEMELIS BROS. unanimously affirmed, without costs.

as so modified, the judgment and the order are CO., Inc., Applt. (Supreme Court, Appellate Division, First Department. February 1, 1924.) Judgment and order affirmed, with costs. No opinion. Order filed.

Matter of Dominique VECCHINI v. Adolph E. WUPPERMANN. (Supreme Court, Appel

late Division, First Department.. January 14, UNIVERSAL

1924.) Motion granted, on condition that apNEGRO IMPROVEMENT ASS'N, Marcus Garvey, Prest., Applt., v. Ver Deal be argued or submitted on January 26,

1924. Order filed. nal J. WILLIAMS, Respt. (Supreme Court, Appellate Division, First Department. February 1, 1924.) Order affirmed, with $10 costs

John WALKER, as adm'r, etc., Respt., v. and disbursements. No opinion. Order filed.

HASKELL BROS. CORP. et al., Applts." (Supreme Court, Appellate Division, Fourth De

partment. January 9, 1924.) Motion for leave Sophia A. UNTERMEYER, Applt., v. Milton to appeal to Court of Appeals denied, with $10 F. UNTERMEYER, Respt. (Supreme Court,

costs. Appellate Division, First Department. January 18, 1924.) Order affirmed. No opinion. Order filed.

In the Matter of Application of the CITY OF NEW YORK relative to acquiring title, etc.,

for opening of WALLACE AVENUE, BRONX. Vincent VACCARELLI, an inft., etc., v. l-(Supreme Court, Appellate Division, First DeNEW YORK EDISON CO. (Supreme Court, partment. December 21, 1923.) Order af. Appellate Division, First Department. Feb- firmed, with $10 costs and disbursements. No ruary 1, 1924.) Motion granted. Order filed. I opinion. Order filed.

Madge WARDE and Ethel Warde, respond- Michalina WAWRZYNIAK, respt., v. Samuel ents, v. NEW YORK, NEW HAVEN & HART- GREENFIELD, applt. (Supreme Court, Ap. FORD RAILROAD COMPANY, appellant. pellate Division, Fourth Department. January (Supreme Court, 'Appellate Division, Second 11, 1924.) Order dismissing appeal vacated on Department. December 14, 1923.). Applica- stipulation, and motion to dismiss appeal tion denied, with $10 costs.

granted, unless appellant shall place same on the March, 1924, term calendar.

Madge WARDE and Ethel Warde, respondents, v. NEW YORK, NEW HAVEN & HART- Mitchell J. WAZEN, Respt., v. Rose DOGFORD RAILROAD COMPANY, appellant, GAN, Applt. (Supreme Court, Appellate Di(Supreme Court, Appellate Division, Second vision, Fourth Department. January 9, 1924.) Department. December 14, 1923.) The ap- | Motion for reargument denied, with $10 costs. plication for leave to appeal to this court hat. Motion for leave to appeal to Court of Aping been denied, this motion for stay is denied, peals denied. without costs, and stay vacated.

In the Matter of Gertie E. G. WEBB, de

ceased. (Supreme Court, Appellate Division, WARNER SUGAR REFINING CO., Respt. First Department. February 11, 1924.) Pref V. Anthony BUSCAGLIA and one, etc., Applts. erence granted for February 20, 1924. See, (Supreme Court, Appellate Division, Fourth also, 122 Misc. Rep. 129, 202 N. Y. Supp. 346. Department. January 2, 1924.) Judgment and order affirmed, with costs. All concur.

Emilie WEIL, Respt., v. Samuel HORO

WITZ, Applt. (Supreme Court, Appellate Di. Robert M. WARREN v. Philip E. REVILLE. vision, First Department. December 21, (Supreme Court, Appellate Division, First De 1923.) Order reversed, with $10 costs and dispartment. February 1, 1924.) Application de bursements, and motion granted, with $10 nied, with $10 costs. Order signed.

costs. No opinion. Order filed.

Alice WASSON, appellant, v. William J.

Abraham WEINGARTEN v. DOUBLE STOOPS, respondent. (Supreme Court, Ap. CENTURY NEEDLE MFG. CORP'N. pellate Division, Third Department. January

(Su17, 1924.) Judgment and order reversed on the preme Court, Appellate Division, First Depart. law, and new trial granted, with costs to the ment. January 18, 1924.) Application denied,

Order appellant to abide the event, on the ground that with $10 costs, and stay vacated. there were questions of fact for the jury, both

concur.

signed. as to the negligence of the defendant and the contributory negligence of the plaintiff, All

Matilda WEISBECKER et al., Respts., v. John MOHL, Applt. (Supreme Court, Appel

late Division, First Department. February 1, Frederick G. WATSON, by his guardian ad 1924.) Motion to dismiss appeal granted, with litem, Fred W. Watson, respondent, v. Hubert $10 costs. Order filed. D. LEISTER and Hannah Leister, appellants, (Supreme Court, Appellate Division, Second Department. January 25, 1924.) Judgment and order unanimously affirmed, with costs.

Minnie WEISS, as Adm'ı, etc., Respt., v.

AMERICAN No opinion.

RAILWAY EXPRESS CO., Applt. (Supreme Court, Appellate Division,

First Department. December 21, 1923.) Ira P. WATSON and one, Applts., v. Reuben Judgment and order, affirmed, with costs. No W. WRIGHT et al., as Ex'rs, etc., Respts. opinion. Order filed. (Supreme Court, Appellate Division, Fourth Department. January 2, 1924.) Judgment af. firmed, with costs. Finding of fact No. 23 in plaintiff's requests to find is disapproved and Minnie WEISS, as Adm's, etc., v. AMERreversed, as it is apparent that it is in con- ICAN RY. EXPRESS CO. (Supreme Court, flict with other findings made and was made Appellate Division, First Department. Febru. through inadvertence. All concur.

ary 1, 1924.) Motion denied, with $10 costs. Order filed.

Michalina WAWRZYNIAK, as Adm'r, etc., In the Matter of Application of Solomon Respt., v. Samuel GREENFIELD, Applt. / WEISSBLATT V. Aaron SPANIER. (Su(Supreme Court, Appellate Division, Fourth preme Court, Appellate Division, First DepartDepartment. January 9, 1924.) Motion grant ment. December 21, 1923.) Motion to dismiss ed, and appeal dismissed, with costs.

appeal granted, with $10 costs. Order filed

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