Harry KATZENELENSON, an infant, etc., | ment. January 12, 1917.) Order affirmed, with respondent, v. Julius BRODY, appellant. (Su- $10 costs and disbursements. No opinion. 0:preme Court, Appellate Division, Second Depart- der filed. ment. January 5, 1917.) Judgment and order of the County Court of Kings County unanimously affirmed, with costs, on authority of Gavrilutz v. Savage, 166 App. Div. 309, 151 N. Y. Supp. 808.

Richard S. KAUFMAN, Appellant, v. EMPIRE GYPSUM COMPANY, ˆÂ. M. Castle Engineering Company, and Arthur M. M. Castle, Respondents. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Appeal from Special Term, New York County. Action by Richard S. Kaufman against the Empire Gypsum Company and others. From an order denying motion to vacate order for examination of plaintiff before trial, plaintiff appeals. Order affirmed.

PER CURIAM. Without passing upon the legal effect of the testimony sought to be adduced, the order appealed from is affirmed, with $10 costs and disbursements. Order filed.

Richard S. KAUFMAN, Respt., v. EMPIRE GYPSUM CO., Applt. (two cases). (Supreme Court, Appellate Division, First Department. January 26, 1917.) Orders affirmed, with $10 costs and disbursements. No opinion. Orders filed.

Eugene H. KAUFMAN, Respt., v. Anna HELD, Applt. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Benj. KEMENITSKY v. Thos. F. CORCORAN. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Application granted. Order signed.

John J. KENNEDY, respondent, v. Alfonso BRUNO, appellant. (Supreme Court, Appellate Division, Second Department. January 12, 1917.) Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that we think that the finding, which the verdict under the charge imports, that the stairs were not free and open to the plaintiff's use, was against the weight of the evidence. Jenks, P. J., and Stapleton and Mills, JJ., concur. Rich, J., dissents. Carr, J., not voting.

Kathryn KIMBALL, as adm'x, etc., respts., V. NEW YORK CENTRAL R. R. CO., applt. (Supreme Court. Appellate Division, Fourth Department. December 6, 1916.) Motion for leave to appeal to Court of Appeals denied, with $10

costs.

John A. KINGSBURY v. Frank HARTMAN. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion granted. Order filed.

KINGS COUNTY LIGHTING COMPANY.

respondent, v. The CITY OF NEW YORK, appellant. (Supreme Court, Appellate Division Second Department. January 19, 1917.) Metion denied.

James E. KINLEN, appellant, v. Carman R. RUNYON and William E. BELKNAP, respond ents. (Supreme Court, Appellate Division, Second Department. January 12, 1917.) Judgmer: affirmed, with costs. No opinion. Thomas, Stapleton, Rich, and Putnam, JJ., concur.

Patrick R. KINNEY v. MASON-SEAMAN TRANSPORTATION CO. (Supreme Court. Appellate Division, First Department. Decen ber 8, 1916.) Motion granted, with $10 costs. Order filed.

KIOWA REALTY CO. v. MARTIN M. MOLENAOR. (Supreme Court, Appellate D vision, First Department. December 8, 1916. Motion granted, unless appellant complies with terms of order. Order filed.

In the Matter of Dorothy C. KIRSCHNER. an infant. (Supreme Court, Appellate Division. First Department. January 6, 1917.) Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed.

In the Matter of Dorothy C. KIRSCHNER. an inft., etc. (Supreme Court, Appellate Div.sion, First Department. January 26, 1917 Order affirmed, with costs. No opinion. Smith and Page, JJ., dissent. Order filed.

Rose KLEE, Respt., v. Henry C. KLEE, Applt. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Judg ment affirmed with costs. All concur.

TOBIAS, applt.
William E. KLING, respt., v. Gottlieb H.
(Supreme Court, Appellate
1916.) Order entered October 20, 1916, modified,
Division, Fourth Department. November 22
so as to provide for dismissal of the appeal un-
less appellant is ready for argument on Decem
ber 4, 1916.

William E. KLING, Respt., v. Gottlieb H TOBIAS, Applt. (Supreme Court, Appellate Division, Fourth Department. January 14 1917.) Judgment and order reversed with costs, There is a failure of proof that the person served and complaint dismissed with costs. Held: with notice under the Business Corporations Law was the treasurer or financial officer of th corporation at the time of service of the notie (2) The proof shows that the plaintiff was KINGS COUNTY LIGHTING CO., Respt., a stockholder in the corporation. See Hapzod v. CITY OF NEW YORK, impld., Applt. (Su- v. Lusch, 123 App. Div. 23, 107 N. Y. Supp preme Court, Appellate Division, First Depart-331. All concur.

John KNAPCZYK, respt., v. George BADNER, applt. (Supreme Court, Appellate Division, Fourth Department. December 6, 1916.) Judgment and order affirmed with costs. All concur, except Lambert, J., who dissents, upon the ground that the plaintiff was guilty of contributory negligence as matter of law.

In the matter of the claim of Adolph LANDES, claimant-respt., for compensation under the Workmen's Compensation Law, v. DAVID LUPTON'S SONS CO., employer, and Etna Life Insurance Company, insurance carrier, applts. (Supreme Court, Appellate Division, Third Department. January 12, 1917.) Motion granted.

Wilhelm KNAUTH et al., Applts., v. ENGINEERING MATERIALS EXPORT CORP., Samuel LANDOWSKI v. JAS. EVERARD'S Respt. (Supreme Court, Appellate Division, BREWERIES. (Supreme Court, Appellate DiFirst Department. January 26, 1917.) Order vision, First Department. January 26, 1917.) affirmed, with $10 costs and disbursements. No Application denied, with $10 costs. Order opinion. Order filed. signed.

Jennie A. LANE, Applt., V. Conrad SCHMIDT, Respt. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Order affirmed, with $10 costs and disbursements. All concur.

In the matter of LANSING LIQUIDATION CORP., Applt., v. BANKERS' ENCYCLOPEDIA CO., Respt. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Edward LASKA, Respt., v. Charles K. HARRIS, Applt. (Supreme Court, Appellate Division, First Department. December 22, 1916.) No Judgment and order affirmed, with costs. opinion. Order filed. See, also, 92 Misc. Rep. 150, 155 N. Y. Supp. 104.

Sophia L. LAURIE, plaintiff, v. Frank V. KELLY, Public Administrator, etc., of Mary S. Haslett, deceased, defendant. (Supreme Court, Appellate Division, Second Department. December 22, 1916.) Defendant's exceptions overruled, with costs of this appeal, and judgment unanimously directed for the plaintiff upon the verdict of the jury. No opinion.

Peter M. LEAVITT and another, Respts., v. Arthur H. LAMBORN, Applt. (Supreme Court, Appellate Division, First Department. January 12, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Joseph S. LESSER v. INTERNATIONAL TRUST CO. (Supreme Court, Appellate Division, First Department. January 12, 1917.) Motion granted on payment of $10 costs by respondent to appellant. Order filed.

Joseph S. LESSER v. INTERNATIONAL TRUST CO. (Supreme Court, Appellate Division, First Department. January 12, 1917.) Motion for reargument denied, with $10 costs. Order filed.

Josephine Knapp LESTER, appellant, v. George B. LESTER, respondent. (Supreme Court, Appellate Division, Second Department. January 19, 1917.) We hereby fix the hearing of this appeal for the 5th day of March, 1917; provided that the appeal then be argued, or then be submitted, the present motion is denied, without costs.

Jennie LEVINE, respondent, v. WEST- William McBRIDE v. HOWES TRANSCHESTER ELECTRIC RAILROAD COM-PORTATION & CONTRACTING CO. (SuPANY, Appellant. (Supreme Court, Appellate preme Court, Appellate Division, First DepartDivision, Second Department. January 19, ment. January 12, 1917.) Motion denied, with 1917.) Judgment and order unanimously af- $10 costs. Order filed. firmed, with costs. No opinion.

LEVY DAIRY CO., Respt., v. THOUSAND ISLAND FARMS, Inc., Applt. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. No opinion. Order filed.

Edwin LICHTIG, Respt., v. HEWLETT EMBROIDERY WORKS, Applt. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed.

Henry L. LINDHOLM, Respt., v. MASSILLON RUBBER CO., Applt. (Supreme Court, Appellate Division, First Department. December 8. 1916.) Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. No opinion. Order filed.

In the matter of the claim of Sarah LOMASNEY, respt., v. ESTATE OF MARY CAVANAUGH, deceased, applt. (Supreme Court, Appellate Division, Fourth Department. January 3, 1917.) Decree affirmed with costs to respondent, payable out of the estate. All concur.

Jessie P. LONAS, as execx., etc., respt., v. Adin P. MYERS, applt. (Supreme Court, Appellate Division, Fourth Department. January 10, 1917.) Judgment and order affirmed with costs. All concur, Merrell, J., not sitting.

of James McCormack, deceased, Respondent, v. John McCORMACK, as Administrator, etc., bile Company of America, Intervener-Appellant. Frederick HOLBROOK, Respondent; Locomo(Supreme Court, Appellate Division, Second Department. January 19, 1917.) Appeal from Special Term, Westchester County. Action by John McCormack, as administrator, etc.. ef James McCormack, deceased, against Frederick Holbrook, in which the Locomobile Company of America applied for leave to intervene for the purposes of a motion to vacate an order directing the examination before trial of two of its employés. From an order denying its motion, the intervener appeals. Order reversed, and motion granted.

PER CURIAM. corporation, not a party to the action, from an This is an appeal by a order of the Special Term that denies its motion to vacate an order directing that before trial the said corporation, "by Messrs. Birmingham and Russell, employed by the said company in its New York branch, be examined and their depositions be taken pursuant to se tion 873 of the Code of Civil Procedure." The said motion included an application by the cor poration for leave to intervene for the purposes of this motion. The order must be reversed with $10 costs and disbursements, and the mo tion granted, without costs. Chartered Bank of India v. North River Ins. Co., 136 App. Dis. 648, 121 N. Y. Supp. 399.

Harold McCREA, an infant, by guardian. Jessie LOPER, respondent, v. Lucy J. ASK-respt., v. Gertrude BATH, applt. (Supreme IN, appellant. (Supreme Court, Appellate Divi-Court, Appellate Division, Third Department. sion, Second Department. January 19, 1917.) December 28, 1916.) Judgment and order unaReargument ordered, and case set down for imously affirmed, with costs. March 7, 1917. Jenks, P. J., and Mills, Rich, and Putnam, JJ., concur.

Adele LUIKERT, respondent, v. John T. HOWLEY, appellant. (Supreme Court, Appellate Division, Second Department. January 5, 1917.) Judgment affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Stapleton, and Rich, JJ., concur. Carr, J., not voting.

Mary A. LYONS, respt., v. INTERNATIONAL RY. CO., impleaded, etc., applt. (Supreme Court, Appellate Division, Fourth Department. January 3, 1917.) Judgment and order affirmed with costs. All concur.

JAS. MCCREERY REALTY CO. v. Reuben SADOWSKY. (Supreme Court, Appellate Division, First Department. January 12, 1917) Motion granted, with $10 costs. Order filed.

JAMES MCCREERY REALTY CO. v. Reaben SADOWSKY (Actions 1-4.), (Supreme Court, Appellate Division, First Department January 12, 1917.) Motions granted, with $10 costs. Orders filed.

Anna M. McCULLOUGH, as adm'x, etc., respt., v. PENNSYLVANIA R. R. CO. (Su preme Court, Appellate Division, Fourth De partment. December 9, 1916.) Judgment and William McBRIDE as adm'r, Respt., v. order reversed and new trial granted, with costs HOWES TRANSPORTATION & CON- to appellant to abide event. Held: If plaintifs TRACTING CO., Applt. (Supreme Court, Ap-intestate was aware of the approach of the pellate Division, First Department. Decem- train to the crossing, then absence of signa's ber 29, 1916.) Judgment and order affirmed, with costs. No opinion; Clarke, P. J., dissenting, on the ground that the verdict based upon the use of a whip by the driver is against the weight of evidence. Order filed.

was not a cause of the accident. If intestate was not aware of the approach of the trair then he was negligent in failing to look. All concur, except Kruse, P. J., who dissents and votes for affirmance.

Carr, J.,

Jennie MacDONALD, appellant, v. BERN-land County affirmed, with $10 costs and disHEIMER & SCHWARTZ PILSENER BREW-bursements. No opinion. Jenks, P. J., and StaING COMPANY, respondent. (Supreme Court, pleton, Mills, and Rich, JJ., concur. Appellate Division, Second Department. Jan- not voting. uary 5, 1917.) Judgment and order reversed, and new trial granted, costs to abide the event, for errors in the ruling at folios 653 and 654. See Zimmer v. Third Avenue R. R. Co., 36 App. Div. 273, 55 N. Y. Supp. 314. Thomas, Stapleton, Mills, and Rich, JJ., concur. Carr, J., not voting.

John MacGINNISS, Respt., v. Thaddeus S. LANE, Applt. (two cases). (Supreme Court, Appellate Division, First Department. January 12, 1917.) Orders affirmed, with $10 costs and disbursements. No opinion. Orders filed.

Nellie McMANUS, respt., v. BUFFALO TAXICAB CO., applt. (Supreme Court, Appellate Division, Fourth Department. December 6, 1916.) Judgment and order affirmed with costs. Held: (1) That the conduct of the trial court was such that a reversal thereon would be required, if the record upon this appeal permitted the conclusion that such attitude and conduct had affected the result, but that such a conclusion is not warranted by the merits of the action. (2) The evidence introduced upon the part of the defendant is substantially a confession of negligence by the defendant. The plaintiff is clearly free from the charge of contribution to the injury. Under these circumstances a new trial should be denied. All concur.

Nellie McMANUS, respt., V. BUFFALO TAXICAB CO., applt. (Supreme Court, AppelPeter McGOLDRICK as adm'r, Applt., V. late Division, Fourth Department. January Joseph L. MYERS and another, Respts. (Su-10, 1917.) Motion for leave to appeal to Court preme Court, Appellate Division, First Depart of Appeals denied, with $10 costs. ment. December 22, 1916.) Order affirmed

that the appellant pay the respondent $30 costs, restore the cause to the January calendar, and be ready for argument when reached; otherwise, motion denied, with $10 costs.

with $10 costs and disbursements. No opinion. James C. MCPHERSON, respondent, v. John Order filed. E. ANDRUS, appellant. (Supreme Court, Appellate Division, Second Department. DecemThomas J. McGRAW, respondent, v. Law-ber 30, 1916.) Motion granted upon condition rence GRESSER, appellant. (Supreme Court, Appellate Division, Second Department. De cember 15, 1916.) Judgment and order affirmed, with costs. No opinion. Carr, Mills, and Rich, JJ., concur. Jenks, P. J., and Putnam, J., dissent, on the ground that the finding of bad faith is against the weight of evidence, in view of the uncontradicted testimony as to the advice received from the corporation counsel.

George D. MACKAY v. TIDEWATER OIL CO. (Supreme Court, Appellate Division, First Department. December 8, 1916.) Motion denied, with $10 costs. Order filed.

In the Matter of the appraisal, under the Transfer Tax Acts, of the property of St. Clair McKELWAY, deceased. (Supreme Court, ApDellate Division, Second Department. January 5. 1917.) Order of the Surrogate's Court of Kings County (95 Misc. Rep. 473, 160 N. Y. Supp. 783) affirmed, with $10 costs and disbursements to the respondent. No opinion. Carr, Mills, and Rich., JJ., concur. Jenks, P. J., and Putnam, J., dissent.

Bridget McLINSKEY et al., respondents, v.

FLORAL PARK TERRACE COMPANY, deendant; John Corley, individually and as adminstrator, etc., appellant. (Supreme Court, Appelate Division, Second Department. January 19, 917.) Order affirmed, without costs. No opinThomas, Stapleton, Mills, and Rich, JJ., oncur. Carr, J., not voting.

on.

Cornelia M. MABIE, Respt., v. Edmund SEYMOUR and one, impleaded with others, Applts. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Interlocutory judgment affirmed with costs. All concur.

Edyth I. MAGEE as adm'x, Applt., v. Emily B. CONDON and another, Respts. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed.

Gustaf MAGNUSSON, respondent, v. LONG ISLAND LADDER & SCAFFOLD COMPANY, Inc., appellant, and Joseph Ryan, defendant. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Judgment and order unanimously affirmed, with costs, on authority of Devlin v. Smith, 89 N. Y. 470, 42 Am. Rep. 311, and MacPherson v. Buick Motor Co., 217 N. Y. 382, 111 N. E. 1050, Ann. Cas. 1916C, 440.

Marie H. MALONEY, Respt., v. RODGERS & HAGERTY, Inc., Applt. (Supreme Court, Appellate Division, First Department. January 19, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed.

Thomas H. MALOY and Winifred P. Maloy, In the Matter of the Estate of Catherine Mc- respts., v. William A. BANNON, applt. (SuIAHON, deceased. (Supreme Court, Appellate preme Court, Appellate Division, Third DepartDivision, Second Department. January 19, ment. December 28, 1916.) Judgment unani917.) Order of the Surrogate's Court of Rock-mously affirmed, with costs.