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Rossiter W. RAYMOND, respondent, v. Frank | L. FERGUSON, appellant. (Supreme Court, Appellate Division, Second Department. January 12, 1917.) Judgment of the County Court of Kings County affirmed, with costs. No opinion. Thomas, Stapleton, Rich, and Putnam, JJ., concur. Jenks, P. J., not voting.

Thomas REANEY, Respt., v. Katherine C. A. FAY and another, Applts. (Supreme Court, Appellate Division, First Department. December 8, 1916.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Clifford B. REDDEN, respondent, v. EDISON ELECTRIC ILLUMINATING COMPANY OF BROOKLYN, appellant. (Supreme Court, Appellate Division, Second Department. December 15, 1916.) Judgment and order unanimously affirmed, with costs. No opinion.

James REDDY et al., applts., v. CITY OF LITTLE FALLS, respt. (Supreme Court, Appellate Division, Fourth Department. January 10, 1917.) Interlocutory judgment affirmed with costs, with leave to the plaintiffs to plead over within 20 days upon payment of the costs of the demurrer and of this appeal. All con

cur.

William B. REID, respt., v. The MEDICAL SOCIETY OF THE COUNTY OF ONEIDA, applt. (Supreme Court, Appellate Division, Fourth Department. December 9, 1916.) It appearing that the justices qualified to sit in this appeal are evenly divided and unable to render a decision herein, the appeal is transferred to the Appellate Division, Third Department, to be there heard and determined, pursuant to section 231 of the Code of Civil Procedure. De Angelis, J., not sitting. For opinion below, see 156 Ñ. Y. Supp. 780.

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Oscar L. RICHARD, Respt., v. Henrik Hugh J. REILLY, Jr., Plaintiff-Respond- NORMANN, indy., etc., Applt. (Supreme ent, v. FRANCO-AMERICAN FERMENT Court, Appellate Division, First Department. COMPANY, Defendant-Appellant. (Supreme January 26, 1917.) Order affirmed, with $10 Court, Appellate Term, First Department. Jan- costs and disbursements. No opinion. Order uary 19, 1917.) Appeals from Municipal Court, filed. Borough of Manhattan, Third District. Two actions by Hugh J. Reilly, Jr., against the Franco-American Ferment Company. Judgments for plaintiff, after trial by the court without a jury, and defendant appeals. firmed, as modified.

Af

PER CURIAM. Upon the authority of Stanley v. Franco-American Ferment Co. (Sup.) 161 N. Y. Supp. 365, the judgment in appeal No. 54 is reduced to $233.93, and in appeal No. 55 the judgment is reduced to $284.58, which judgments represented in each case principal, interest, and appropriate costs in the court below and the judgments, as thus modified, are affirmed with $10 costs to appellant, in each case; costs to be set off.

Henry REINARTZ as adm'r, etc., Respt., v. E. FRANK BREWSTER, Applt. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Judgment and order reversed and new trial granted, with costs to ap

Eugene L. RICHARDS v. LONDON & LANCASHIRE CO. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Motion for stay granted on condition that appellant brings on the appeal for argument on February 9, 1917. Settle order on notice.

Clarence N. RISLEY, applt., v. TOWN OF URBANA, respt. (Supreme Court, Appellate Division, Fourth Department. November 22, 1916.). Judgment affirmed, with costs, on the authority of Weisman v. City of New York, 219 N. Y. 178, 114 N. E. 70. All concur.

ROBERT DOLLAR CO. v. CANADIAN CAR & FOUNDRY CO. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion granted; question certified. Order filed.

ROBERT DOLLAR CO. v. CANADIAN CAR & FOUNDRY CO. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion for stay granted. Settle order on notice.

Cornelius G. ROCHE, as administrator, etc., respondent, V. ST. JOHN'S RIVERSIDE HOSPITAL, appellant. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Motion denied, without costs. John C. RODGERS v. H. S. KERBAUGH et al. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion granted; question certified. Order filed.

Samuel R. ROGERS and another, respts., V. James J. BYARD, Jr., applt. (Supreme Court, Appellate Division, Third Department. January 9, 1917.) Motion denied.

John E. ROHRER, indy., etc., Respt., v. Daniel W. QUINN, Jr., Applt. (Supreme Court, Appellate Division, First Department. January 12, 1917.) Appeal from Special Term, New York County. Action by John E. Rohrer, individually, etc., against Daniel W. Quinn, Jr. From so much of an order as denies a motion for an order striking out certain allegations of the complaint, defendant appeals. Order appealed from reversed in part, and motion granted, and in all other respects affirmed.

PER CURIAM. The order appealed from in so far as it denied the motion to strike out paragraphs 5, 6, 7 and 11, and so much of paragraph 10 as relates to the purchase of and and payment for screens should be reversed and the motion granted. In all other respects it should be affirmed, without costs. Settle order on notice.

Samuel J. RONSHEIM, Applt., v. KNICKERBOCKER ICE CO. and another, Respts. (Supreme Court, Appellate Division, First Department. January 19, 1917.) Judgment affirmed, with costs on the authority of Geraty v. National Ice Co., 16 App. Div. 174, 44 N. Y. Supp. 659, affirmed 160 N. Y. 658, 55 N. E. 1095. Order filed.

Louis C. ROSE, Applt., v. William J. DIAMOND, Respt. (Supreme Court, Appellate Division, First Department. January 19, 1917.) Judgment affirmed, with costs. No opinion.

Order filed.

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In the Matter of the Estate of Bridget ROSS. deceased. (Supreme Court, Appellate Division, Second Department. January 5, 1917.) Order of the Surrogate's Court of Westchester County affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Stapleton, Mills, and Putnam, JJ., concur.

Stanley ROSS, applt., v. The DELAWARE. LACKAWANNA & WESTERN RAILROAD COMPANY, respt. (Supreme Court, Appellate Division, Third Department. January 12, 1917.) Motion denied.

Ella ROWBOTHAM, Respt., v. The CITY OF OSWEGO, Applt. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Judgment and order affirmed with costs. All concur.

Siskind RUBIN, respondent, v. NEW YORK MUNICIPAL RAILWAY CORPORATION and George W. McNulty, Inc., appellants. (Supreme Court, Appellate Division, Second Department. January 26, 1917.) Judgment and order affirmed, with costs, upon the ground that both defendants are liable under their several contracts without regard to negligence. Jenks, P. J., and Stapleton, Mills, and Rich, JJ., concur. Carr, J., not voting.

Darwin P. RUDD, Respt., v. POWELLS, Applt. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed.

In the Matter of Benny SABATINO. (Supreme Court, Appellate Division, Third Department. January 9, 1917.) Application for writ of habeas corpus denied, upon the ground that the relator was duly tried and convicted of a criminal offense, and duly sentenced. No appeal was taken. He now seeks by a writ of habeas corpus to review questions which were before, and were decided by, the court upon his conviction. The relator is committed by virtue of a final judgment of a competent tribunal of criminal jurisdiction, and under sections 2016 and 2020 of the Code of Civil Procedure he is not entitled to the writ.

In the matter of the claim of Edna SAEN

GER, for compensation under the Workmen's Compensation Law, v. Felix A. LEKE, employer, and Zurich General Accident & Liability Insurance Company, Limited, insurance carrier, applts. (Supreme Court, Appellate Division, Third Department. January 9, 1917.) Motion denied.

In the Matter of Philip S. SAITTA. (Supreme Court, Appellate Division, First Department. December 29, 1916.) Motion for reinstatement granted. Settle order on notice.

In the matter of the claim of the dependents of Hayes SAMPSON, claimants-respts., v. The O'DELL & EDDY COMPANY, employer, and the Lumber Mutual Casualty Insurance Com

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Frederick G. SANFORD, etc., appellant, v. Ferdinand WITT, respondent. (Supreme Court, Appellate Division, Second Department. January 26, 1917.) Notwithstanding the form of the contracts in which the owners were each named, Mr. Witt's letters of January 16th and February 13th contained his individual promises of payment. The complaint averred the work to have been at defendant's special instance and request. In view, however, of these subsequent letters, plaintiff may, if so advised, apply to Special Term for such amendment of the complaint, so as to present distinctly the questions of these promises to pay plaintiff's claims, and the further issue of plaintiff's performance of their contracts. The judgment and order of the County Court of Westchester County are therefore reversed, and a new trial_ordered, costs to abide the event. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ.,

concur.

In the matter of the claim of Julia SAYERS, widow, for compensation under the Workmen's Compensation Law, for the death of Edward Sayers, Sr., husband, claimant-respt., v. BILL, BELL & COMPANY, employer, and Ocean Accident & Guarantee Corporation, Limited, insurer, applts. (Supreme Court, Appellate Division, Third Department. January 9, 1917.) Case remanded to the State Industrial Commission to pass formally upon the question as to the resettlement of the case and to make an order in reference thereto. Kellogg P. J., not sitting.

Louis SCHLESINGER, respondent, v. Ferdinand A. GRANER, appellant. (Supreme Court, Appellate Division, Second Department. January 5, 1917.) Motion denied, without costs.

Elsie SCHNELL, Applt., v. Edward L. SCHNELL, Respt. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Order affirmed, without costs. No opinion. Order filed.

Richard SCHNIBBE, respondent, v. HAUCK MANUFACTURING COMPANY, defendant, and Oscar A. Lewis, as trustee in bankruptcy, etc., appellant. (Supreme Court, Appellate Division, Second Department. January 26, 1917.) Judgment and order affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Rich, and Putnam, JJ., concur.

Lillian SCHOLES, respondent, V. NEW YORK CONSOLIDATED RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. December 22, 1916.) Judgment and order of the County Court of Kings County reversed, and new trial ordered, costs to abide the event, on the ground that the verdict of the jury as to the defective condition of defendant's staircase is against the weight of evidence. Jenks, P. J., and Thomas, Carr, Stapleton, and Putnam, JJ., concur.

Frederick C. SCHULTZ, respt., v. David T. VAN WORMER, applt. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Judgment and order affirmed, with costs. All concur, except Kellogg, P. J., and Lyon, J., dissenting.

Herman SCHUMACHER, Respt., v. Palatiel Alfred E. Smith, as Sheriff, Applt. R. BOMEISLER, Deft. Division, First Department. January 12, 1917.) (Supreme Court, Appellate Order offirmed, with $10 costs and disbursements. No opinion. Order filed.

Max SCHWARTZ v. Santiago P. CAHILL.

(Supreme Court, Appellate Division, First Deargument (161 N. Y. Supp. 750) denied: mopartment. December 8, 1916.) Motion for retion for leave to appeal to the Court of Appeals granted. Order filed.

Louis SCHWARTZ, appellant, v. Max COHEN et al., respondents. (Supreme Court, ApDepellate Division, Second Department. Order affirmed, with $10 cember 30, 1916.) costs and disbursements. No opinion. Thomas, Carr, Stapleton, Mills, and Rich, JJ., concur.

Joe SCHWARTZ v. N. Y. RAILWAYS CO. Anton SCHMID v. Isaac NEUBERGER. (Supreme Court, Appellate Division, First De(Supreme Court, Appellate Division, First Department. December 8, 1916.) Application department. December 22, 1916.) Motion denied, nied, with $10 costs. Order signed. with $10 costs. Order filed.

Mary Agnes SCHNEIDER, respondent, v. William C. SCHNEIDER, appellant. (Supreme Court, Appellate Division, Second Department. January 5, 1917.) Order reversed, with leave to plaintiff to renew her motion upon additional affidavits corroborating the allegations of the complaint and tending to establish by competent proof that she has a fair prospect of success on the trial of the action. No opinion. Jenks, P. J., and Stapleton, Mills, and Rich, JJ., concur. Carr, J., not voting.

William SCHWEIKERT, appellant, v. MILTON SCHNAIER & CO., Inc., respondent. (Supreme Court, Appellate Division. Second Department. January 19, 1917.) Judgment reversed, and new trial granted, costs to abide the event, upon the ground that there was evidence of defendant's negligence, or rather of negligence on the part of its superintendent in sending the plaintiff to do the work of painting the ventilating pipes without a helper to hold the ladder. Jenks, P. J., and Stapleton and Mills, JJ., concur. Rich, J., votes to affirm. Carr, J., not voting.

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Jan

er, 130 N. Y. 325, 29 N. E. 313, 14 L. R. A. 429, 27 Am. St. Rep. 529. The other exceptions taken do not present reversible error. Judgment and order unanimously affirmed, with costs.

Joshua SILVERSTEIN v. STANDARD ACCIDENT INS. CO. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Motion denied, with $10 costs. Order filed.

George W. SIMERS v. Clara L. KELLOGG. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion granted, unless appellant complies with terms of order. Order filed.

Dennis F. SIMPSON, applt., v. Joseph F. ROE, respt. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Interlocutory judgment unanimously affirmed, with costs.

Alexander SINGER v. FIGGE & HUTWELKER CO. (Supreme Court, Appellate Division, First Department. December 8, 1916.) Motion denied, with $10 costs. Order filed.

Florian SINGER, Applt., v. Charles W. ZIEGLER, Respt. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Judgment affirmed with costs. All concur.

Jennie P. SKELTON, administratrix of the estate of Chester Skelton, deceased, respt., v. LEHIGH VALLEY RAILROAD COMPANY, applt. (Supreme Court, Appellate Division, Third Department. January 12, 1917). Judgment and order unanimously affirmed, with costs. See, also, 164 App. Div. 789, 150 N. Y. Supp. 97; 171 App. Div. 91, 156 N. Y. Supp. 835.

In the matter of the claim of Anna SKOCZLOIS for compensation_under the Workmen's Compensation Law v. ETNA LIFE INSURANCE COMPANY, applt.. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Award affirmed. All concur, except Lyon and Woodward, JJ., dissenting.

Harry SLACKMAN, respondent, v. Charles KAUFMAN, appellant. (Supreme Court, Ap pellate Division, Second Department. December 15, 1916.) Judgment (160 N. Y. Supp. 786) affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Stapleton, Mills, and Putnam, JJ.,

concur.

V.
Bernard SLOAN MASSACHUSETTS
Division, First Department. December 8, 1916.)
BONDING CO. (Supreme Court, Appellate
Application granted. Order signed.

William H. SIEBER, respondent, v. Joshua S. ALPHONSUS, appellant. (Supreme Court, Appellate Division, Second Department. uary 12, 1917.) No adequate ground appears to reject this verdict. For the loss of the leg, a verdict of $3,000 only indicates that the jury gave proper weight to defendant's claim that the surgeons should have earlier amputated. There John S. SMITH, respt., v. ALABAMA LUMwas no error in the refusal to charge that plain- BER & COOPERAGE CO., applt. (Supreme tiff's failure to report back to defendant would Court, Appellate Division, Fourth Department. relieve him from liability, as such omission December 6, 1916.) Judgment and order revers would only be in mitigation. Du Bois v. Deck-ed and new trial granted, with costs to appel

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Blaine G. SNOOK et al., applts., v. The NEW YORK CENTRAL & HUDSON RIVER RAILROAD CO., respt. (Supreme Court, Appellate Division, Fourth Department. January 3, 1917.) Order affirmed with costs. All concur. Evelyn L. SNYDER, an infant, etc., applt., V. BERKSHIRE LIFE INS. CO., respt. Bernice M. SNYDER, an infant, etc., applt., v. BERKSHIRE LIFE INS. CO., respt. (Supreme Court, Appellate Division, Fourth Department. January 3, 1917.) In each case, judgment affirmed with costs. All concur.

Here SOPPE and one, Respts., v. George CHRISTO, Applt. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Judgment affirmed with costs. All con

cur.

Amasa B. SPELMAN, applt., v. Sarah A. STAVES impleaded, et al., respts. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Judgment unanimously affirmed, with costs, with the usual leave to plaintiff to withdraw demurrer and plead, upon payment of costs in this court and in the court below.

Morris SPERGEL v. Morris H. WESTIN. (Supreme Court, Appellate Division, First Department. December 8, 1916.) Application denied, with $10 costs. Order signed.

Morris SPERGEL v. Morris H. WESTIN. (Supreme Court, Appellate Division, First Department. December 8, 1916.) Motion denied, with $10 costs. Order filed.

SPRINGFIELD, L. I., CEMETERY SOCIETY, respondent, v. Louis HERMAN and Barbara Herman, appellants. (Supreme Court, Appellate Division, Second Department. January 12, 1917.) Appeal dismissed on consent in open court, without costs.

In the matter of the application of the STANFORD HEIGHTS REALTY COMPANY OF SCHENECTADY, N. Y., for a writ of certiorari to Floyd S. Hedden et al., Assessors of the Town of Niskayuna, Schenectady County, N. Y. (Supreme Court, Appellate Division, Third Department. January 12, 1917.) Motion denied. Kellogg, P. J., not sitting."

Morgan L. STARKE, Applt., v. S. C. BECKWITH SPECIAL AGENCY, Respt. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Judgment affirmed, with costs. No opinion. Order filed.

Daniel W. STEELE, Jr., v. Martin V. COOK et al. (two cases). (Supreme Court, Appellate Division, First Department. January 6, 1917.) Motions to dismiss appeals granted, with $10 costs in each case, unless appellant comply with terms stated in orders. Orders filed.

Abner M. STEINBERG v. Leo SIMON. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Application granted. Order signed.

Henry I. STETLER et al., plaintiffs, v. John J. MCFARLANE, defendant.(Supreme Court, Appellate Division, Second Department. December 30, 1916.) Motion granted, without costs.

Martin E. STINER v. TENNESSEE COPPER CO. (four cases). (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motions denied, with $10 costs. Orders filed.

Benjamin STOLLER, an infant, by William Stoller, his guardian ad litem, appellant, v. Morris PALATNICK, respondent. (Supreme Court, Appellate Division, Second Department. January 19, 1917.) Judgment unanimously affirmed, with costs. No opinion.

Margaret STORY, respt., v. CITY OF LACKAWANNA, applt. (Supreme Court, Appellate Division, Fourth Department. December 6, 1916.) Judgment and order affirmed with costs. All concur.

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