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Bertha GERARD, as adm'x, Respt., v. Mc-, seems to have been set aside upon the ground MULLEN, SNARE & TRIEST, Applt. (Su- that the court erred in excluding the unsworn preme Court, Appellate Division, First Depart- statement of the infant plaintiff. We think that ment. December 22, 1916.)., Judgment and or- evidence was properly excluded. See Gavrilutz der affirmed, with costs. No opinion. Order v. Savage, 166 App. Div. 309, 151 N. Y. Supp. filed.

808, and Stoppick v. Goldstein, 174 App. Div.

306, 160 N. Y. Supp. 947. All concur. Ida A. GIBBONS, as adm'x, Respt., v. SAKS & COMPANY, Applt. (Supreme Court, Ap

In the Matter of the Petition of George E. pellate Division, First Department. December | GREEN, as successor to William W. Farley, as 22, 1916.) Judgment and order reversed, and State Commissioner of Excise, applt., for an new trial ordered, with costs to appellant to order revoking and canceling Liquor Tax Cer: abide event, unless plaintiff stipulates to reduce tificate No. 15353, issued to Abraham Ashi, verdict to $10,000, in which event, judgment,

respt. (Supreme Court, Appellate Division, as so modified, and order, affirmed, without

Fourth Department. costs. No opinion.

December 9, 1916.) OrSettle order on notice.

der reversed with costs, and motion to revoke Francis GILBERT, as assignee, Applt.,, y, finds and decides upon the evidence in the rec:

certificate granted, with costs, and this court MECHANICS' & METALS NATIONAL BANK OF N. Y., Respt. (Supreme Court, Ap- and permitted to become disorderly during the

ord that the certificated premises were suffered pellate Division, First Department. 19, 1917.) Judgment (160 N. Y. Supp. 710) and months of April and May, 1915, as alleged in order affirmed, with costs. No opinion. Order of the Special Term to the contrary are hereby

the petition, and the finding and determination tiled.

disapproved and set aside. All concur. John GILBERT, respondent, v, PHILADELPHIA & READING COAL & IRON COM

In the Matter of the Petition of George E. PANY, appellant. (Supreme Court, Appellate GREEN, as State Commissioner of Excise, ApDivision, Second Department. December 22, pellant, for an order revoking and canceling

1916.) Judgment and order unanimously af- Liquor Tax Certificate No. 11056, held by Horį firmned, with costs. No opinion.

ace Smith, respondent. (Supreme Court, Ap

pellate Division, Second Department. January John GILBERT, respondent, v. PHILADEL- 19, 1917.) Order reversed, without costs, and PHIA & READING COAL' & IRON COM- application granted, without costs. We think PANY, appellant. (Supreme Court, Appellate that if the applicant's buildings were not to be Division, Second Department. January 26, considered, the consent of the owner of the oth1917.) Motion denied, without costs.

er building was essential, and that such consent by one of the tenants by the entirety was

insufficient, and that if the applicant's buildings In the matter of the application of Abraham were to be considered, then his application, be{ E. GOLDBERG for admission to the bar. (Su-ing unacknowledged, could not stand

as his preme Court, Appellate Division, Second De

statutory consent. Jenks, P. J., and Thomas, partment. January 5, 1917.) Application Stapleton, Mills, and Putnam, IJ., concur. granted.

COHEN, respt.

Matter of Herrmann E. GOLDSCHMIDT.

Simon GREENBERG, appellant, v. BROOK(Supreme Court, Appellate Division, First De: LYN HEIGHTS RAILROAD COMPANY, repartment. December 22, 1916.) Motion de spondent. (Supreme Court, Appellate Division, nied, with $10 costs. Order filed.

Second Department. December 30, 1916.) The act of the County Court in withdrawing a juror

cannot be changed or remedied, although what Solomon GOLDSTONE, applt., v. Samuel was said in the opening was a part of the bis

(Supreme Court, Appellate tory of the event, and percbance an inducement Division, Third Department. December 28, to the controversy. When a court is impotent 1916.)

Judgment and order unanimously af- to remedy, its decision is objectless. This firmed, with costs.

appeal is not such as section 1342 of the Code

of Civil Procedure gives us jurisdiction of. It Harris GOODMAN, appellant, v. William remains, then, only to dismiss the appeal. · ApWALDEN, respondent. (Supreme Court, Ap- peal dismissed, without costs. Jenks, P. J., pellate Division, Second Department.

Decem- and Thomas, Carr, Mills, and Putnam, JJ., conber 30, 1916.) Motion denied, on condition that cur. appellant perfect the appeal, place the case on the January calendar, and be ready for argu Henry GRIEME, on behalf of himself, etc., ment when reached; otherwise, motion granted, Applt., v. GROVE HILL REALTY CO. et al., with $10 costs.

Respts. (Supreme Court, Appellate Division,

First Department. December 22, 1916.) OrBeatrice GRACE, an infant, etc., Respt., v. der reversed, and judgment modified, by strikGeorge WAGNER. 'Applt. (Supreme Court, Ap- ing out the provision for an extra allowance, pellate Division, Fourth Department. January and, as so modified, affirmed, with $10 costs and 16, 1917.) Order reversed with costs, and ver- disbursements to appellant.' No opinion. Setdict reinstated, with costs. Held, the verdict Itle order on notice.

162 N.Y.S.-71

concur.

Henry GRIEME, etc., Applt., V. GROVE Leon Wilfred HAINER, by Wilfred E. HE: HILL REALTY CO. and another, Respts. er, his guardian ad litem, respt., v. Joseph W. (Supreme Court, Appellate Division, First De- BERRY, applt. (Supreme Court, Appellate [li. partment. January 26, 1917.) Judgment af- vision, Third Department. December 28, 1916. firmed, with costs. No opinion. Order filed. Judgment unanimously affirmed, with costs.

Joseph T. GRIFFIN, appellant, v. UTILITY George W. HALL, respt., V. ALLEMANIA GARAGE COMPANY, Inc., respondent. (Su- FIRE INSURANCE CO. OF PITTSBURGH. preme Court, Appellate Division, Second De- applt. (Supreme CourtAppellate Dirac partment. January 5, 1917.) Judgment of the Fourth Department. December 9, 1916.) VCounty Court of Kings County aflirmed by de- tion for reargument denied with $10 costs. fault, with costs. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. John HALLORAN, as admr., etc., respt. !

Thomas RYAN, applt. (Supreme Court, AF Frank GROSSER, as adm'r, etc., Respt., v. late Division, Fourth Department. Januar I NEW YORK, ONTARIO & WESTERN RY. | 1917.) Judgment and order affirmed with a CO., Applt. (Supreme Court, Appellate Divi- | All concur. sion, Fourth Department. January 16, 1917.) Judgment and order affirmed with costs. All Emily HAMUS, Applt., Mas B

KAESCHE, Respt.' (Supreme Court, Asses:

Division, First Department. January 30.163 John GUARE, applt., v. TOWN OF STONY Order affirmed, with $10 costs and distes CREEK, respt. (Supreme Court, Appellate Di- ments. No opinion. Order filed. vision, Third Department. December 28, 1916.) Judgment and order unanimously affirmed, with

Oskar HANSEN, respondent, v. BROOKLIS

HEIGHTS RAILROAD COMPANY, costs.

lant. (Supreme Court, Appellate Division,

ond Department. December 30. 1916.) Mot GUATOTOLOPAS SUGAR CO. v. EMAN denied, on condition that appellant perfect to L. PECK. (Supreme Court, Appellate Division, appeal, place the case on the January cales First Department. December 22, 1916.) Mo- and be ready for argument when reached; ut tion denied, with $10 costs. Time to answer erwise, motion granted, with $10 costs. extended. Order filed.

Bertie HAUSER, Applt., v. William Louis GUENTHER v. The RIDGWAY CO. HAUSER, Respt. (Supreme Court, App (Supreme Court, Appellate Division, First De- Division, First Department. January 19, 19. partment. January 12, 1917.) Order reversed, Determination (154 N. Y. Supp. 1072) afired with $10 costs and disbursements, and motion No opinion. Laughlin, J., dissenting. Orů. granted, with $10 costs. No opinion. Order filed. filed. See, also, 160 N. Y. Supp. 56; 162 N. Y. Supp. 1122.

In the Matter of Gilbert R. HAWES. preme Court, Appellate Division, First Depar

ment. December 22, 1916.) Application gal". Louis GUENTHER, Respt., v. The RIDG- ed. Order filed. WAY CO., Applt. (two cases). (Supreme Court, Appellate Division, First Department. January James HEBRON v. 118 E. 54TH ST. OP 12, 1917.) Orders affirmed, with $10 costs and (Supreme Court, Appellate Division, First I.** disbursements. No opinion. Orders filed. See, partment. January 12, 1917.) Motion graskt also, 160 N. Y. Supp. 56; 162 N. Y. Supp. 1122. unless appellant complies with terms of ere.

Order filed. Thomas GUINEA, respondent, V. PITTSBURGH CONTRACTING COMPANY, appel Ella HEFLIN, respt., v. Frederic E LFlant. (Supreme Court, Appellate Division, Sec- FORD, applt. (Supreme Court, Appellate Dar ond Department. December 15, 1916.) Judg- sion, Third Department. December 28, 19% ment and order unanimously affirmed, with Judgment and order unanimously affirmed, v.. costs. No opinion.

costs. Esther GURLAND, an inft., Respt., v. C. W. FORD, applt. (Supreme Court, Appellate !!

Ella HEFLIN, respt., V. Frederic E LI L. REALTY CO., Applt. (Supreme Court, Ap- vision,' Third Department. January 12, 13 pellate Division, First Department. December

Motion denied. 29, 1916.) Judgment and order affirmed, with costs. No opinion. Clarke, P. J., dissenting. Order filed.

In the Matter of opening of HEGEMAN AF ENUE from East 98th Street to New Jerse

Avenue, etc. LOTUS REALTY COMPANY In the matter of the claim of John L. HACK- respondent, v. SILVER BELL REALTI OS FORD, claimant-respt.,

VEEDER & PORATION, appellant. (Supreme Court. ** BROWN, employer, and the Lumber Mutual pellate Division, Second Department. Ik Casualty Insurance Company of New York, in-ber 15, 1916.) Order affirmed, with $10 asi surance carrier, applts. (Supreme Court, Appel- and disbursements. No opinion. Jenis, P.: late Division, Third Department. December 28, and Thomas, Stapleton, Mills, and Putnam 1916.) Award unanimously affirmed.

V.

concur.

In the Matter of opening of HEGEMAN AV Amy M. HIGBIE, as executrix, etc., of John ENUE from East 98th Street to New Jersey R. Higby, deceased, appellant, v. The LONG Avenue, etc. LOTUS REALTY COMPANY, | ISLAND RAILROAD COMPANY, respondrespondent, v. SILVER BELL REALTY ent. (Supreme Court, Appellate Division, SecCORPORATION, appellant. (Supreme Court, ond Department. January 19, 1917.) Order Appellate Division, Second Department. Jan-reversed, with $10 costs and disbursements, and uary 5, 1917.) Motion for leave to appeal to motion to change place of trial denied, with $10 the Court of Appeals denied, without costs. costs, upon the ground that the action, having

been properly brought in Nassau county, inasGER & SONS CO. OF AMERICA, applt.- terests of justice will be better promoted' by havGeorge HEIN, applt.-respt., V. SULZBER- much as the defendant is in law to be deemed a

resident of Nassau as well as of Suffolk, the inrespt., and Roy D. White, respt. (Supreme ing the trial at Mineola in Nassau county than Court, Appellate Division, Fourth Department. December 6, 1916.) Judgments and order re

at Riverhead in Suffolk county, in which placversed and new trial granted, with costs in each facilities for travel between Mineola and Baby

es the respective terms of court are held, the appeal to the appellant to abide the event. Per lon being so much better than between Rivercuriam memorandum. All concur.

head and Babylon. Jenks, P. J., and Stapleton,

Mills, and Rich, JJ., concur. Carr, J., not votHenry HELLMAN v. Kittie L. GUNTHER ing. et al. (Supreme Court, Appellate Division, First Department. January 6, 1917.) Motion for stay denied, with $10 costs, and stay con- LING BREWING COMPANY, appellant. (Su

Ralph O. HILER, respondent, v. The EB-
tained in order to show cause vacated. Order
filed.

preme Court, Appellate Division, Second De-
partment. January 5, 1917.) Judgment and

order of the County Court of Westchester Coun-
In the matter of the claim of Jacob HELI-ty affirmed, with costs. No opinion. Jenks, P.
MAN, for compensation under the Worknuen's 1., and Thomas, Mills, and Putnam, JJ., concur.
Compensation Law, v. MANNING SANDPA- Carr, J., not voting.
PER COMPANY, employer, and the American
Mutual Compensation Insurance Company, in-

HILL STEAMBOAT LINE v. N. Y. CENsurance carrier, applts. (Supreme Court, 'Ap- TRAL R. R. CO. (Supreme Court, Anpellate

December 8, pellate Division, Third Department. January Division, First Department. 12, 1917.) Motion denied.

1916.) Application granted. Order signed.

In the Matter of the application of Robert L. Robert HELLYER, respondent, v. William A: HINES, as administrator, etc., of Mabel JackPRENDERGAST, as Comptroller, etc., and

son, deceased, for an order compelling Samuel others, appellants. (Supreme Court, Appellate F. Elmead, an attorney, etc., to turn over and Division, Second Department. January 19,

pay certain moneys, etc. (Supreme Court, Ap1917.) Motion denied, without costs.

pellate Division, Second Department. Decem

ber 30, 1916.) Order affirmed, with $10 costs Belle HELVITZ, Applt., v. Fred J. BAL and disbursements. No opinion. Jenks, P. J., SHOFER, Respt. (Supreme Court, Appellate and Thomas, Stapleton, Rich, and Putnam, JJ., Division, First Department. December 22, concur. 1916.) Order modified, by adding at the end of the second paragraph of the order appealed Clara HIPWELL, respt., INTERNAfrom the words "except the fourth defense,'. TIONAL RAILWAY CO., applt. (Supreme and, as modified, affirmed, with $10 costs and Court, Appellate Division, Fourth Department. disbursements to respondent. No opinion. Set- December 6, 1916.) Judgment and order aftle order on notice.

firmed with costs. All concur.

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V.

James S. IL ERRATAN and another, Applts., Chas. F. HOFFERBERTH V. Alfred W.
V. Philip HERRMAN and another, Respts. DUCKETT. (Supreme Court, Appellate Divi-
(Supreme Court, Appellate Division, First Dession, First Department. January 12, 1917.)
partment. January 19, 1917.) Judgment (93 Motion denied, with $10 costs. Order filed.
Misc. Rep. 315, 150 N. Y. Supp. 685) affirmed,
with costs. No opinion. Order filed.

Arthur HOLLOWS, Plff., V. Della GRID.

LEY, impleaded, etc., Applt., Michael Iuppa and William HERRMAN, Respt., v. INTERNA- one, Respts. (Supreme Court, Appellate DiviTIONAL RY. CO., Applt. (Supreme Court, sion, Fourth Department. January 16, 1917.)

Appellate Division, First Department. Decem- Judgment affirmed with costs. Held and this \ber 22, 1916.) Order affirmed, with $10 costs court finds, that there was a substantial per

and disbursements., No opinion. Dowling and formance of the contract, and so far as the
Smith, JJ., dissenting. Order filed.

twenty-fifth finding of fact made at the request
of the appellant is inconsistent therewith, it is

disapproved. All concur.
Celene HERZBERG V. Nathan SEIDEN-
BERG. (Supreme Court, Appellate Division, Robert HOLMES, indy., etc., et al., Respts.
First Department. December 8. 1916.) Appli- v. Emily L. JONES et al., 'impld., Applts. (Su-
cation denied, with $10 costs. Order signed. preme Court, Appellate Division, First Depart-

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ment. January 19, 1917.) Order affirmed, with 1917.) Motion granted, so far as it permits the $10 costs and disbursements. No opinion. trustee to intervene. Motion for stay Fide Smith, J., dissenting on the ground that the stat- security denied. ute purporting to give jurisdiction over the foreign executor without showing property in this Augustus E. HOULE, Applt., v. Cora L state is unconstitutional. Order filed.

HOULE, Respt. (Supreme Court, Appem"

Division, First Department. December Robert HOLMES, indy., etc., v. Emily L. 1916.) Order affirmed, with $10 costs and is JONES. (Supreme Court, Appellate Division, bursements. No opinion. Order filed. First Department. January 19, 1917.) Order affirmed, without costs. Smith, J., dissenting In the matter of the claim of Maud M. HOT. on above ground. Order filed.

ARD, for compensation under the Worl. I's

Compensation Law, v. George HOWAHI William W. HOOLEY v. MASON-SEAMAN | Inc., and Massachusetts Bonding and Iosure TRANSPORTATION CO. (Supreme Court, Company, applts. (Supreme Court, Appe. Appellate Division, First Department. Decem- Division, Third Department. Januars ber 8, 1916.) Motion granted, with $10 costs. 1917.) Award unanimously affirmed. Order filed.

Lambert HUBBELL, Applt., v. Mary I Archie HOPKINS, respt., v. Minnie STEUB-HARDY, Respt. (Supreme Court, Appel ***

December ING, impleaded, etc., applt. (Supreme Court, Division, First Department. Appellate Division, Fourth Department.

De 1916.) Order affirmed, with $10 costs and cember 9, 1916.) Judgment and order reversed

bursements. No opinion. Order files. Se and new trial granted, with costs to appellant to also, 173 App. Div. 236, 159 N. Y. Supp. abide event. Held: That the evidence was not sufficient to show that the husband carried on

Martin F. HUBERTH, Applt., 5. JOS the farm as agent for his wife. Proof that she C. GREEN, Respt. (Supreme Court, Appea owned the farm and stock is not sufficient. See Division, First Department. January 19, 1:17. Jones v. Walker, 63 N. Y. 612, and Dickinson Order affirmed, with $10 costs and disors v. Rogers, 114 N. Y. 405, 21 N. E. 992. All ments. No opinion. Order filed. concur, except Merrell, J., who dissents upon the ground that it appears from the testimony LĨAMSPORT PLANING MILL CO., App

J. Harry HULL as trustee, Respt., F. WIL of W. M. Steubing, the financially irresponsible (Supreme Court, Appellate Division. First husband of appellant, who was active in procuring the feed for the sustenance of the wife's firmed, with costs. "No opinion. Order filed.

partment. January 19, 1917.) Judgment a cows, but who seems now deeply interested in defeating plaintiff's just demand therefor, claim

Helen HUMMEL V. AKRON BUILDINI ing that he alone and not his solvent wife was co. the person obligated to pay, and who testified, Department. January 12, 1917.) Motiet

(Supreme Court, Appellate Division, F. "I have been running the business which she [his nied, with $10 costs, and stay vacated. One wife), owns," that he was merely the agent for

filed. his wife and that the latter was legally obligated to pay for the feed for her stock.

Helen HUMMEL V. AKRON BUILDING Amelia HORNBURG, respt., William Co. (Supreme Court, Appellate Division, Fit HORNBURG, applt. (Supreme Court, Appel Department. January 12, 1917.) Motion de late Division, Fourth Department. January 3, nied, with $10 costs. Order filed. 1917.) Judgment and order affirmed with costs. All concur.

Charles F. HUMMEL, respt., F. More L. GIBBONS, applt. Clara Hummel

, men John Frederick HORSTMANN and another, Appellate Division, Fourth Department. It

v. Morris L. Gibbons, applt. (Supreme Co." as administrators, etc., respondents, v. William cember 6, 1916.) Order affirmed with costs F. WYCKOFF, defendant, Theodore G. Clarke the respondents to abide the event. All course and another, appellants. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Leave to appeal to the Court of W. GILLETT, respondent.

Lawrence HURLBURT, appellant, F. H«??? Appeals is unnecessary; appellants have the Appellate Division, Second Department. De

(Supreme Co right to appeal on giving a stipulation. Stay cember 30, 1916.) Order (96 Misc. Rer. vacated.

161 N. Y.' Supp. 994) affirmed, with $105

and disbursements, upon the 'opinion of In the matter of the probate of a paper writ- Justice Kapper at Special Term. Thomas ing purporting to be the Last Will and Tes-, pleton, Mills, and Putnam, JJ., concur. Cez. tament of George W. HORTON, deceased. J., not voting. (Supreme Court, Appellate Division, Second Department. January 5, 1917.) Motion to re Margaret HYDE, Respt., v. settle order granted, and resettled order signed. GRANT, Applt. (Supreme Court, Appellate I.

vision, Fourth Department. January 16, 192 Adolph C. HOTTENROTH, respondent, v. Judgment and order reversed and a next Robert K. MICKEY and the Gencral Aeronau- granted, with costs to appellant to abide et tic Co., appellants. (Supreme Court, Appellate Held, that it is apparent from the amount of: Division. Second Department. January 12, verdict that the jury were influenced by *

v.

Arthur !

concur.

deft.

charge which in effect permitted them to render | Div. 110, 139 N. Y. Supp. 1101) and the Court a verdict for damages caused to plaintiff's feel of Appeals (208 N. Y. 593, 102 N. E. 1104) have ings by the information that an autopsy had not been met by the present amendment. The been performed, without reference to whether order should be reversed, with $10 costs and it had been or not. Damages could not be pred- disbursements, and the motion for judgment icated upon mere information, irrespective of on the pleadings denied, with $10 costs. Order whether the remains were actually mutilated, filed. and the charge was in that respect erroneous

LAUGHLIN and DAVIS JJ., dissent. and so prejudicial as to require a new trial. All

Max JAFFE v. Stephen M. WELD. (SuGRIFFIN, deft., and Stanley Mathes, applt. question certified. Order filed. IROQUOIS RUBBER Co., respt., V. A. Ray preme Court, Appellate Division, First Depart

January 12, 1917.) Motion granted ; (Supreme Court, Appellate Division, Fourth Department. November 22, 1916.) Judgment

Louis JARMULOWSKY and another, Applts., affirmed with costs. All concur.

V. Jennie ISAACS et al., Respts. (Supreme Irving H. ISAACS, Respt., v. TORONTO Court, Appellate Division, First Department. FURNITURE CO., Ltd., Applt. (Supreme

January 12, 1917.) Order affirmed, with $10

costs and disbursements. No opinion, Order Court, Appellate Division, First Department.

filed. January 12, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Ida M. JARVIS, appellant, v. Anna S. SEES,

respondent. (Supreme Court, Appellate DiviIrving H. ISAACS v. TORONTO FURNI- sion. Second Department. January 12, 1917.) TURE CO. (Supreme Court, Appellate Divi- Motion denied, without costs. sion, First Department. January 26, 1917.) Motion granted, with $10 costs. Order filed. Moretta JOHNSON, Applt., V. Fred A.

JOHNSON, Respt. (Supreme Court, AppelSamuel A. ISRAEL V. Jennie STERN. (Su- late Division, First Department. January 19, preme Court, Appellate Division, First Depart. 1917.) Judgment affirmed, without costs. No ment. December 8, 1916.) Motion granted, opinion. Order filed. with $10 costs. Order filed.

Clarence A. JOHNSON, respt., V. SYRAMichael IUPPA, piff., v. Robert A. SAXTON, CUSE DRY GOODS co. et al., impleaded,

(Supreme Court, Appellate Division, etc., applts. (Supreme Court, Appellate DiviFourth Department January 3, 1917.) Plain- sion, Fourth Department. November 22, 1916.) tiff's exceptions sustained and motion for new Judgment and order affirmed with costs. All trial granted, with costs to plaintiff to abide concur. event. Held, that there was a question of fact to be submitted to the jury as to whether JONATHAN RING & SON, Inc., appellant, the plaintiff was negligent in failing to dis- v. WINOLA WORSTED YARN COMPANY cover sooner than he did that the defendant and another, defendants, and Manufacturers' was about to violate the law of the road by National Bank of Brooklyn, respondent. (Sucutting the corner into Prince street instead preme Court, Appellate Division, Second Departof passing to the right of the center of the ment. January 19, 1917.) Judgment affirmed, intersection of that street with East avenue. with costs. No opinion. Jenks, P. J., and

Thomas, Mills, and Putnam, JJ., concur. In the matter of the application of William Holmes JONES, appellant, v, James A. ALA, JACKSON for admission to the bar. (Su- LEN, respondent. (Supreme Court, Appellate preme Court, Appellate Division, Second De Division, Second Department. January 12, partment.

January 12, 1917.) Application 1917.) Appeal dismissed, with costs. Jenks, granted.

P. J., and Thomas, Mills, Rich, and Putnam, JJ.,

concur. George W. JACOBS, Applt., v. Fannie J. ROSENBAUM, Respt. (Supreme Court, Ap J. & G. LIPPMANN, Inc., Applt., v. Fort S. pellate Division, First Department. January REYNOLDS, Respt. (Supreme Court, Appel20, 1917.) Judgment affirmed, with costs. No late Division, First Department. December 22, opinion. Scott, J., dissenting. Order filed. 1916.) Order reversed, with $10 costs and dis

bursements, and motion denied, with $10 costs. Max JAFFD et al., Respondents, v. Stephen M. No opinion. Order filed. WELD et al., Appellants. (Supreme Court, Appellate Division, First Department. December Matter of Abraham KALISKY. (Supreme. 29, 1916.) Appeal from Special Term, New Court, Appellate Division, First Department. York County. Action by Max Jaffe and others January 26, 1917.) Application granted. Settle against Stephen M. Weld and others. From an order on notice. order granting plaintiffs' motion for judgment on the pleadings, defendants appeal. Order re

Empire KAOLIN v. MUTUAL BANK et al. versed, and motion denied.

(Supreme Court, Appellate Division, First DePER CURIAM. The defects in the prior com-partment. December 22. 1916.) Motion denied, plaint heretofore found by this court (155 App. I with $10 costs. Order filed.

All concur.

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