Volume 130 — New York Supplement

Prohibition by the People, on the relation of Gilbert P. Kennedy and others, executors and trustees under the will of David Kennedy,, deceased, against Walter N. Gill, Surrogate of Ulster County, and another, as receiver of Gilbert F. Kennedy, to command defendants to refrain from proceeding in a pending proceeding in the Surrogate’s-Court.

Action by James Meadows and others against John S. Michel. Judgment for plaintiffs, and defendant appeals. Affirmed on authority of Meadows v. Michel, 135 App.

<p>Suit by Frank Kosovits against the New York First Hungarian St. Stephen’s Roman Catholic and Benevolent Society of Men and Women. On demurrer to the complaint for insufficiency.</p>

Action by Merrill A. Teague against the Ridgway-Thayer Company. There was a judgment by default in favor of plaintiff, and from an order denying a motion to vacate the judgment, defendant appeals.

Action by Luigi Eeroldi against George Vassar’s Sons & Co. Prom a judgment for' plaintiff, and from an order denying a new trial, defendant appeals.

<p>Appeal from Municipal Court, Borough of Manhattan, Fourth District.</p> <p>Action by Abraham Suchovalsky against the City of New York. From a judgment for plaintiff, defendant appeals.</p>

Action by Jeremiah W. McDonald against the John E. Olson Construction Company and another. From a judgment for plaintiff against the first-named defendant, that defendant appeals.

<p>Landlord and Tenant (§ 172*)—Partial Eviction.</p> <p>Where the width of an apartment was 9% feet, and the only light and ventilation from the rear for the premises, which were used as a bar, restaurant, and kitchen, was from two windows, each about 25 inches wide, the landlord erected a toilet adjoining the rear wall of the premises, so that 20 inches of' one window was entirely cut off from the premises, and that window sealed, so that it could not be opened, there was a partial eviction.</p> <p>[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. §§ 695-703; Dec. Dig. § 172.*]</p>

Action by Samuel L. Sokol against the Livingstone Trading Company. From a judgment for plaintiff, and from an order vacating an order for a new trial, rendered in the Municipal Court in the City of New York, defendant appeals.

<p>Corporations (§ 630*)—Dissolution—Action by Corporation Aeter Dissolution.</p> <p>Under the express provision of General Corporation Law (Consol. Laws 1909, c. 23) § 221, subd. 3, a corporation voluntarily dissolved thereunder continues in existence, so that it may sue to enforce its claims, until its business affairs are fully wound up.</p> <p>I Ed. Note.—For other cases, see Corporations, Cent. Dig. § 2482; Dec. Dig. § 030.*]</p>

<p>Guaranty (§ 14*)—Consideration—Necessity.</p> <p>A claimed guaranty of payment is unenforceable, when not shown to have been made upon any consideration.</p> <p>[Ed. Note.—For other cases, see Guaranty, Cent. Dig. § 13; Dec. Dig. § 14.*]</p>

<p>Appeal from City Court of New York, Special Term.</p> <p>Action by Dorothea E. Breisacher against Michael J. McAuley. From a City Court order, allowing service of an amended complaint without terms, defendant appeals.</p>

<p>Appeal- from City Court of New York, Special Term.</p> <p>Action by Max Hoberman against William J. Diamond. From an order of the City Court, dismissing plaintiff’s complaint for failure to prosecute, he appeals.</p>

<p>Judgment (§ 145*)—Opening Default Judgment—Necessity fob Meritorious Defense.</p> <p>Where an application to open a default judgment does not contain any allegations showing a meritorious defense, or indicating what the defense may be, the default should not be opened.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. §§ 292-295; Dec. Dig. § 145.*]</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Ninth District.</p> <p>Action by Thomas 35. Graecen against Ellen T. Barker. Erom a judgment for plaintiff, defendant appeals.</p>

<p>Frauds, Statute of (§ 44*)—Real Property and Estates Therein.</p> <p>Under the direct provision oí Real Property Law (Consol. Laws 1909, c. 50) § 242, a lease for a term exceeding one year is invalid, unless created by a deed or conveyance in writing subscribed by the person creating the same or his lawful agent.</p> <p>[Ed. Note.—For other cases, see Frauds, Statute of, Cent. Dig. §§ 66-92; Dec. Dig. § 44.*]</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Third District.</p> <p>Action by Hugo Jansen against Ralph Meyer. From the judgment, plaintiff appeals.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Seventh District.</p> <p>Action by Louis Lamchick and Jacob Lamchick, copartners doing business under the firm name of Lamchick Bros., against David Ackerman and others, copartners doing business as Ackerman Bros. From a judgment of the Municipal Court for plaintiffs, defendants appeal.</p>

Action by Isaac Wollman against Arthur Casper. From an order setting aside a judgment for plaintiff, and from an order refusing to resettle or vacate the order, plaintiff appeals.

<p>Appeal from Municipal Court, Borough of Manhattan, Second District.</p> <p>Action by Robert G. Belzer against the Daub Storage Warehouse & Van Company. From a judgment for defendant, plaintiff appeals.</p>

Action by George I. Roberts & Bros., Incorporated, against George Leary. From an order denying a motion to vacate an ex parte order directing examination before trial of defendant, he appeals.

<p>Dismissal and Nonsuit (§ 81*)—Failure to Prosecute—Opening Default —Terms.</p> <p>Where an affidavit of the actual engagement of plaintiff’s counsel in the Supreme Court when the case was called for trial was presented to the trial justice, and a request made that the case be held for another day, and plaintiff’s counsel was actually so engaged, it was error to impose costs or disbursements as a condition to setting aside an order dismissing the complaint</p> <p>[Ed. Note.—For other cases, see Dismissal and Nonsuit, Cent. Dig. §§ 182-192; Dec. Dig. § 81.*]</p>

<p>Costs (§ 91*)—Persons Entitled—Separate Bills of Costs.</p> <p>Where defendants, sued for a breach of warranty made in the sale of a steam launch, of which they were the joint owners, and in the bill of sale of which both joined, had judgment, only one bill of costs should be taxed against the plaintiff, as defendants were united in interest, and one could not have been sued without joining the other.</p> <p>[Ed. Note.—For other cases, see Costs, Cent. Dig. §§ 356-308; Dec. Dig. § 91.*]</p>

<p>Landlord and Tenant (§ 167*)—Dangerous Premises—Injuries—Liability.</p> <p>One suing the owner of a tenement house for injuries by a broken window glass falling on him must show, in order to recover on the theory of a trespass or a nuisance, that the broken window was under the control of the owner; and the mere fact that in response to a tenant’s request to repair the window he had promised to repair does not authorize a recovery.</p> <p>[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. gg 66S-679; Dec. Dig. g 167.*]</p>

Actions by Simon Pociunas against the American Sugar Refining Company of New York. From a City Court order vacating an order denying defendant’s motion to dismiss for want of prosecution, and requiring defendant to accept a later order denying the motion, which recited plaintiff’s opposing affidavits as read in opposition to the motion, defendant appeals.

<p>Appeal from Municipal Court, Borough of Manhattan, Second District.</p> <p>Action by Hyman Goldstein and another against Isaac Blumberg and another. From a judgment for defendants, plaintiffs appeal.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Second District.</p> <p>Action by William Stein against the Empire Trust Company. From a judgment for defendant, after a trial without a jury, plaintiff appeals.</p>

Action by Bernard D. Price against Richard Roth. Prom a judgment entered on the verdict for plaintiff, and from an order denying a new trial, defendant appeals.

<p>Appeal from Municipal Court, Borough of Manhattan, Sixth District.</p> <p>Action by the Mutual Coal Company against the H. G. Realty Company. From a judgment for defendant, plaintiff appeals.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Eighth District.</p> <p>Action by Bernard Kochman against Bernard Karp. Judgment for plaintiff, and defendant appeals.</p>

Action by Herbert F. Thomas against Samuel H. Evins. Erom a judgment entered in favor of plaintiff on a verdict directed by the court, and dismissing defendant’s counterclaim, he appeals.

<p>1. Carriers (§ 105*)—Delay in Delivery—Special Damages.</p> <p>The shippers of part of a machine by express cannot recover, as special damages for delay in delivery, the loss of profits on' contracts for goods to have been made on the machine, in the absence of an express contract giving notice to the carriers of the necessity for immediate delivery.</p> <p>[Ed. Note.—For other eases, see Carriers, Cent. Dig. §§ 451-458; Dec. Dig. § 105.*]</p> <p>2. Estoppel (§ 67*)—Equitable Estoppel—Grounds.</p> <p>Where a party has by stipulation introduced a written contract as part of his case, and relied on it to support a recovery, he cannot thus claim the benefit of the contract and at the same time repudiate a part of it.</p> <p>[Ed. Note.—For other cases, see Estoppel, Cent. Dig. §§ 163, 164; Dec. Dig. § 67.*]</p> <p>3. Carriers (§ 158*)—Express—Limitation of Liability.</p> <p>A limitation of an express carrier’s liability to $50, contained in a contract for carriage, controls, where no other value is given.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 708, 709; Dec. Dig. § 158.*]</p>

Action by Jacob Solomonick and another, doing business under the firm name of ■ Solomonick Bros., against Charles Levy. From an order granting plaintiff’s motion for a reargument of a previous-motion for a new trial, which motion had been denied, and vacating the judgment theretofore rendered, defendant appeals.

<p>Appeal from Municipal Court, Borough of Manhattan, Second District. .</p> <p>Action by Max Sacks against Sam Sacks and another. From a. Municipal Court judgment in favor of defendants, plaintiff appeals..</p>

<p>Appeal from Municipal Court, Borough of Manhattan, First District.</p> <p>Action by Louis Weinstein against the International Gas & Electric Fixture Company. From a judgment for defendant, plaintiff appeals.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Ninth District.</p> <p>Action by Margaret L. O’Sullivan against the Junior Dress Company. From a judgment for plaintiff, defendant appeals.</p>

Action by the French Fur Dyeing & Blending Company against Louis Gersch. From a Municipal Court order denying defendant’s motion to open his default and vacate the judgment, he appeals.

<p>Appeal from Municipal Court, Borough of Manhattan, First District.</p> <p>Action by Amos PI. Whipple against Robert Lee Dunn. From an order granting a new trial, plaintiff appeals.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Third District.</p> <p>Action by Alfred M. Smith against Adrian H. Joline and another, as receivers of the Metropolitan Street Railway Company. From a Municipal Court judgment dismissing the complaint, plaintiff appeals.</p>

<p>1. Brokers (•§ 63*)—Right to' Commissions.</p> <p>A broker employed to sell property, which the owner described to him as of a certain width and represented to him as being one continuous plot, having produced a purchaser ready and willing to purchase, is entitled to commissions-; the sale having failed because of the owner insisting on making three separate contracts, one for each of the three houses involved, a strip 1% inches wide between two of the houses not being owned by him.</p> <p>[Ed. Note.—For other cases, see Brokers, Cent. Dig. §§ 79, 81, 9-1-96; Dec. Dig. § 63.*]</p> <p>2. Brokers (§ 86*)—Action fob Commissions—Evidence.</p> <p>From the testimony of plaintiff, in an action by a broker against M. and B., husband and wife, for commissions for producing a customer: “I had a conversation with M. and B. as to who owned the property. He told me the two were the owners, but she is the owner of record. She was there. She said there is no difference, me or my husband. He does the work for me”—it cannot be said plaintiff offered no evidence either of ownership ¡by M. or of authorization by him on his own account to sell the property.</p> <p>[Ed. Note.—For other cases, see Brokers, Cent. Dig. §§ 116-120; Dec. Dig. § 86.*]</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Eighth District.</p> <p>Action by Ernest M. Gittens against Thomas Elliot. From a judgment for plaintiff in the Municipal Court of the City of New York, plaintiff appeals.</p>

<p>Appeal from City Court of New York, Trial Term.</p> <p>• Action by Nellie Stoughton against Chu Fong. From a judgment for plaintiff, upon .the pleadings and the opening of counsel, defendant appeals.</p>

<p>Landlord and Tenant (§ 169*)—Liability of Landlord—Injuries to Tenant.</p> <p>Proof that the owner of a tenement house controlled the halls, stairways, and roof, that a water tank on the roof overflowed, causing water to run down the stairs and into the halls, and that an infant residing with his parents in the tenement slipped on the slippery hall floor, submerged in water, required the owner, to escape liability for injuries to the minor, to explain the cause of the overflow, and a judgment, of dismissal, in the absence of any such explanation, was erroneous.</p> <p>[Ed. Note..—For other cases, see Landlord and Tenant, Cent. Dig. § 646; Dec. Dig. § 169.*]</p>

<p>Appeal from City Court of New York, Trial Term.</p> <p>Action by Bernard Itkin against the Abramson-Fngesser Company. From a City Court judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial, it appeals.</p>

Action by Abraham Schlesinger against Isaac Mendelson and another. From a Municipal Court order denying defendants’ motion to open their default, they appeal.

<p>Appeal from City Court of New York, Trial Term.</p> <p>Action by James R. Brown against Charles F. Ditmars. From a judgment for plaintiff, defendant appeals.</p>

<p>Sales (§ 479*)—Conditional Sales—Eneobcement oe Lien.</p> <p>A seller of a piano, who seeks to enforce a lien under a conditional sale agreement, may enforce the lien to the extent of the unpaid price; but he has no lien for repairs made on the piano at the buyer’s request.</p> <p>[Ed. Note.—For other cases, see Sales, Dec. Dig. § 479.*]</p>

<p>Brokers (§ 64*)—Suit fob Commission—Defenses.</p> <p>It was no defense to a suit for a broker’s commission for procuring a purchaser for a business that the purchaser desiring to be relieved from his contract, defendant had returned his money, because the purchaser was a poor man.</p> <p>[Ed. Note.—For other cases, see Brokers, dent. Dig. § 97; Dec. Dig. § 64.*]</p>

<p>Master and Servant (§ 70*)—Compensation—Amount.</p> <p>Under an agreement to pay a commission for the sale of goods, half the commission to be paid on the receipt of an order and the other half on receipt of check from customer, where a part of a bill of goods sold was returned, commissions should be computed only on the balance.</p> <p>[Ed. Note.—Eor other cases, see Master and Servant, Cent. Dig. §§ 82-86; Dec. Dig. § 70.*]</p>

<p>Appeal from City Court of New York, Trial Term.</p> <p>Action by Michael Gorman against James M. Lowden for personal injuries. From a judgment for plaintiff, and from an order denying new trial, defendant appeals.</p>

<p>Election of Remedies (§ 3*)—Proceeding Against Wrong Party—Effect.</p> <p>Where plaintiff, having a contract with a corporation, proceeded against its president individually, and recovered judgment and received part payment thereon, • it was not an election of remedies, and plaintiff was not precluded thereby from vacating the judgment, discontinuing the action, and proceeding against the corporation.</p> <p>[Ed. Note.—For other cases, see Election of Remedies, Cent. Dig. §§ 3, 4; Dec. Dig. § 3.*]</p>

<p>1. Landlord and Tenant (§ 231*)—Action for Rent—Evidence.</p> <p>In an action for rent, evidence held insufficient to sustain, a finding of an oral letting for a year, so as to authorize recovery of rent after defendant had left the premises at the end of a month.</p> <p>[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. §§. 926-934; Dec. Dig. § 231.*]</p> <p>2. Action (§ 65*)—Rent Accruing After Suit Brought.</p> <p>In an action for rent under an alleged holdover tenancy for a year, plaintiff could not recover rent accruing after suit brought.</p> <p>[Ed. Note.—For other cases, see Action, Cent. Dig. §§ 735, 736; Dec. Dig. § 65.*]</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Second District.</p> <p>Action by Felix Tausend against Ralph Levy. Judgment for plaintiff, and defendant- appeals.</p>

<p>Covets (§ 189*)—Verified Answeb—Necessity.</p> <p>Municipal Court Act (Laws 1902, c. 580) § 145, subd. 2, provides that where a written complaint, verified or unverified, is served with a summons, a written answer, verified if the complaint be verified, or a written demurrer, must be filed. Section 147 declares that, if a defendant fails to appear and answer, plaintiff cannot recover without proving his case, except in a case specified in Code Civ. Proc. § 3406, and except where the action is on a contract express or implied and a copy of a verified complaint was “served” on the defendant at the time of the service of the summons. HeM, that since a verified complaint filed on the return day does not require a verified answer, and, even if no answer at all is filed, plaintiff cannot have judgment without proof of his claim in open court, unless a verified complaint has been “served” with the summons, where the copy of the complaint served was not verified, the fact that the copy attached to the original summons “filed” was verified did not entitle plaintiff to judgment without proof of his claim, on. the defendant appearing and filing a nonverified answer.</p> <p>[Ed. Note.—For other cases, see Courts, Dec. Dig. § 189.*]</p>

<p>Appeal from City Court of New York, Trial Term.</p> <p>Action by Joe Gottesfeld against Morris Weinstein. From a City Court judgment in favor of defendant, plaintiff appeals.</p>

Title registration proceedings by George H. Sunderman against the People of the State of New York, in which the Sound Realty Com-pony applies for an order to compel appellant to receive notice of appearance.

<p>Appeal from Surrogate’s Court, Chemung County.,</p> <p>In the matter of the appraisal of the estate of Matthias H. Arnot, deceased, for the purpose of taxation. From an order of the surrogate (130 N. Y. Supp. 197) refusing to tax certain transfers under the transfer tax act, William Sohmer, Comptroller of the State of New York, appealed adversely to James B. Rathbone and another, executors.</p>

Application by the City of New York to acquire property situated in the block bounded by Avenue A and First avenue, Fifty-Ninth and Sixtieth streets. From an order denying the application of John T. Murphy for an order directing the comptroller to pay over the balance of an award, he appeals.

<p>Appeal from Special Term, New York County.</p> <p>Action by Leo Oppenheimer, as trustee in bankruptcy, against the Carabaya Rubber & Navigation Company. From an order directing that the action be tried at the Special Term and denying defendant’s motion for a stay, defendant appeals.</p>

Action by Philip Bleichman against Coney Island & Brooklyn Railroad Company. From a judgment of the Municipal Court for plaintiff upon a verdict, defendant appeals. The action was by a passenger for injuries received by an alleged sudden increase of speed of the car while attempting to alight; the issues being the speed of the car and whether a go-ahead signal was given.

<p>Foreclosure proceedings by Berent C. Gerken against Emanuel Sonnabend and others, in which surplus moneys proceedings were instituted, and a motion made for the confirmation of a report of the referee.</p>

<p>Action by Otto Obermayer against Adolph Geering. On motion tor judgment on the pleadings.</p>

Action by Frank L. Blenis against the Utica Knitting Company to> recover damages for the obstruction of a lane or alleyway by a building of the defendant, and to compel the removal thereof.

Mandamus by the People, on the relation of James J. Guernsey, against James T. Somers, as Treasurer of the County of Oneida. This is a mandamus proceeding to compel the respondent, as county treasurer of the county of Oneida, to pay to the relator $972 collected by him from the owners of property advertised in the year 1910 for sale, because of the nonpayment of taxes, pursuant to chapter 559 of the Laws of 1902 and the acts amendatory thereof.

<p>Action by the North River Savings Bank against Josephine G. Buckley and others. On motion by Josephine G. Buckley to strike parts of the answer of the American Bridge Company for irrelevancy.</p>

<p>Action by Abraham Fischman against Abraham Berkowitz for an injunction restraining the defendant from doing business within a prescribed neighborhood and soliciting customers under an agreement in writing. On motion for an injunction pendente lite.</p>

<p>Action by the Continental Securities Company and others against August Belmont and others. On motion to compel the filing of a reply.</p>

<p>Actions by James W. Lyon against Halcyon G. Bailey and others, and by James W Lyon, as administrator of Lavina M. Hooper, deceased, against Tamer L. Bailey and others.</p>

<p>Mortgages (§ 314*)—Certificate of Discharge—'Recording—Requisites— Residence of “Purchaser”—“Conveyance of Real Estate.”</p> <p>Laws 1910, c. 227, providing that a recording officer shall not accept for record any “conveyance of real estate" unless the residence of the purchaser shall be staled, does not apply to a certificate of discharge of a mortgage, since such an instrument does not create, transfer, mortgage, or assign any interest in real property, nor assign any mortgage, lease, or other conditional estate, nor is there any “purchaser,” properly so called, and the register must accept for record a satisfaction piece, though it does not state the residence of the purchaser.</p> <p>[Ed. Note.—For other cases, see Mortgages, Cent. Dig. §§ 914-918; Dec. Dig. § 314*</p>

<p>Appeal from City Court of New York, Special Term.</p> <p>Action by Louis Juskovitz against Abraham Rafsky. From an order of the Special Term of the City Court of the City of New York vacating an order of arrest of defendant, plaintiff appeals.</p>

<p>Action by John D. Chism and another against Sheldon D. Smith. Plaintiffs move to retax costs.</p>

In the matter of the mechanic’s lien claimed by the Whale Creek Iron Works against the New York & Queens Electric Light & Power Company, as owner, and Harry T. Weeks, as contractor. On motion by the defendant Weeks to discharge, the lien for failure to bring action for its enforcement after notice.

<p>Principal and Agent (§ 146*)—Undisclosed Principal — Liability op Agent—Tort Liability.</p> <p>One who employed plaintiff to work on a building, concealing from him the fact that he was not the owner, is liable to plaintiff for negligent injuries as if he were the owner; the rule being the same in tort as in contract actions.</p> <p>[Ed. Note.—For other cases, see Principal and Agent, Gent. Dig. § 521; Dec. Dig. § 146.*]</p>

<p>Action by the First National Bazik of the City of Brooklyn against John G. Jenkins, Jr., and others.</p>

Applications, one by J. Herbert Nicholoy and the other by Carrie E. Beal, both against the Village of Newark, for appointment of commissioners to determine compensation to them as lot owners for change of street grade.

Mortgage foreclosure action by A. Flag Robson, as trustee, against Norris S. Dailey, as trustee in bankruptcy of the John Conklin Sons Company, bankrupt, impleaded with others. Judgment directed for defendant named as stated.

<p>Action by Thomas C. Curtis, Jr., against James Douglass.</p> <p>Plaintiff is assignee of the drawer of a bill of exchange, which was accepted, but not paid, by defendant. The plaintiff, who was an attorney at law, admitted that the bill was assigned to him after maturity, without consideration, and for the sole purpose of collection; no question being raised, however, as to the validity of the assignment.</p>

<p>Action by the Atlantic Dredging Company against William Beard and others.</p>

<p>In the matter of the Boston Road in the City of New York.</p>

<p>Action by Jesse L. Boskowitz, as administrator, against Joseph H. Sulzbacher.</p>

<p>Action by John V. D. H. Bradt, Jr., as executor, etc., of John V. D. H. Bradt, Sr., deceased, against John H. Bradt and another.</p>

<p>Action by Arthur D. Branagan against Harry Buckman and others.</p>

<p>Action by Irving W. Childs against Gertrude E. Childs.</p>

<p>Action by William I-I. Coonan against the Hamburg-American Packet Company.</p>

<p>Action by C. S. Goss & Co. against Clayton S. Goss.</p>

<p>Action by the Continental Securities Company and Clarence H. Yenner, stockholders in the Interborough Rapid Transit Company, etc., against August Belmont and others.</p>

<p>Action by George F. Driscoll against James Carroll, as trustee, etc.</p>

<p>Action by Irving Dembitz, an infant, by Leopold Dembitz, his guardian ad litem, against the Orange County Traction Company.</p>

<p>Action by Louis F. Gautier against Anna P. Ditmar and others.</p>

<p>Action by Richard Gallagher against the Walsh Construction Company.</p>

<p>Action by Clayton S. Goss against C. S. Goss & Co. and others.</p>

<p>Action by Henry Halpin against the City of New York.</p>

<p>In the matter of the application of Joseph Haas for payment of an award, made for parcel No. 1 A, in the matter of acquiring title, etc., to premises situated at the southeasterly corner of Sumpter street and Rockaway avenue, etc.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, First District. Action by Hind Hayeck against Naaman Dabas. From a judgment for defendant, plaintiff appeals. Reversed, and new trial ordered.</p>

<p>Action by Edmund W. Hathaway against James P. Graham and others.</p>

Action by May Kurtz against the William B. Riker & Son Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Affirmed on condition of remittitur.

<p>Action by John Klein, as trustee in bankruptcy, etc., against Tobias ICrakower and others.</p>

<p>Action by Clint C. McClarty against Eugene L. Giroux, impleaded with others.</p>

<p>Action by Michael .Lessler and another against Paul Gerli.</p>

<p>Action by John McVey against the Security Mutual Life Insurance Company.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, First District. Action by Tomaso Mazzoli against Florence Ziegfeld. From a judgment for defendant, rendered in the Municipal Court of the city of New. York, borough of Manhattan, after a trial by the court-sitting without a jury, plaintiff appeals. Reversed, and new trial granted.</p>

<p>Action by Godfrey Miller against the City of Buffalo.</p>

<p>In the matter of the judicial settlement of the account of Eliza Beatty Moore and Charles H. Godwin, as executors, etc., of Claudius F. Beatty, deceased.</p>

<p>Action by George W. Murray against William P. Richardson, as administrator, etc., of David C. Richardson, "deceased.</p>

<p>Action by John P. O’Connor, as administrator, etc., against the ' City of New York.</p>

<p>Proceeding by the People of the State of New York against the Harrison Street Cold Storage Company.</p>

<p>Proceeding by the People of the State of New York against Joseph Guercid.</p>

<p>Proceeding by the People of the State of New York, on the relation of the Third Avenue Railroad Company and others, against the Public Service Commission and others.</p>

<p>Action by Kate E. Rehill against Max Sehirmer.</p>

<p>Action by George W. Seaward, as administrator, etc., of William Z. King, deceased, against Buell G. Davis, as executor, etc., of Mary E. King, deceased.</p>

<p>Action by Filippo Todaro against the Somerville Realty Company and others.</p>

<p>In the matter of the application of Sextus E. Taylor to compel Susan J. Taylor to turn over certain moneys.</p>

<p>Action by the Town of Babylon against William Darling.</p>

<p>Action by the Union Bank of Brooklyn against David Schneider and others,</p>

<p>In the matter of the judicial settlement of the account of Laura L Van Alstyne, executrix, and Thomas B. Van Alstyne, executor, etc., of Thomas J. Van Alstyne, deceased.</p>

<p>In the matter of West 177th Street.</p>

<p>Aupeál from Municipal Court, Borough of Manhattan, First District. Action by the Waterman Building Company against Samuel B. Rose. From an order- denying'a motion to vacate an attachment, defendant appeals. Reversed.</p>

<p>Action by Wilbur B. Wood and another against Charles C. Wise and another.</p>