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Cesidio PELLEGRINO, appellant, v. Clar PEOPLE of the State of New York, respondence L. SMITH COMPANY, respondent. (Su-ents, v. Ralph DANA, appellant. (Supreme preme Court, Appellate Division, Second De Court, Appellate Division, Second Department partment. January 7, 1916.) Judgment re- January 7, 1916.) Judginent of conviction of versed and new trial granted, costs to abide the the County Court of Kings County affirmed by event. We think that this case, on the present default. Jenks, P. J., and Thomas, Stapleton, record, does not fall within the doctrine of Mills, and Putnam, JJ., concur. Citrone v. O'Rourke Eng. Const. Co., 188 N. Y. 339, 80 N. E. 1092, 19 L. R. A. (N. S.) PEOPLE of the State of New York, respond340. According to plaintiff's testimony there ents, v. Leo FRIEDMAN, appellant. (Supreme was an assurance by defendant's representative Court, Appellate Division, Second Department. that no danger existed, and a promise of noti- December 24, 1915.) Judgment of conviction fication when danger should become imminent of the County Court of Kings County ailirmed. This brings the case within the doctrine of No opinion. Jenks, P. J., and Thomas, Staple Rice v. Eureka Paper Co., 174 N. Y. 385, 66 ton, Rich, and Putnam, JJ., concur. See, also, N. E. 979, 62 L. R. A. 611, 95 Am. St. Rep. 154 N. Y. Supp. 298. 585. Jenks, P. J., and Thomas, Carr, Mills, and Rich, JJ., concur.

PEOPLE, etc., Respt., v. George GARFALO,

Applt. (Supreme Court, Appellate Division, PEOPLE, etc., Respt., v. Vincenzo ACENS, ment attirmed. No opinion. Order filed.

First Department. December 30, 1915.) Judg. Applt. (Supreme Court, Appellate Division, First Department. January 21, 1916.) Judg

PEOPLE of the State of New York, respt., ment affirmed. No opinion. Order filed.

v. Mary GUILEY, applt. (Supreme Court, Ap

pellate Division, Fourth Department. Decem. PEOPLE, Respondent, V. ALEX, Appellant. ber 8, 1915.) Judgment and orders affirmed. (Supreme Court, Appellate Division, Second De- All concur. partment. December 8, 1915.) Proceeding, by the People of the State of New York against PEOPLE of the State of New York, respondAugust Alex. No opinion. Motion denied. ents, v. Julius HARRIS, appellant. (Supreme See, also, 155 N. Y. Supp. 1130.

Court, Appellate Division, Second Department.
December 17, 1915.) There is no competent eri-

dence that the certificate or transcript or af. PEOPLE, Respondent, v. BADOLATO, Ap- fidavit is false or forged, so as to bring the pellant. (Supreme Court, Appellate Division, case within the Penal Law (Consol. Laws, c. Second Department. December 10, 1915.) Pro-40), or that it is purchased, fraudulently isceeding by the People of the State of New York sued, counterfeited or materially altered, so as against Antonio Badolato. No opinion. Or

to bring it within the Public Health Law (Conder of the County Court of Kings County af- sol. Laws, c. 45). Judgment of conviction of firmed, with $10 costs and disbursements. See, the County Court of Westchester County realso, 156 N. Y. Supp. 1138.

versed, and a new trial ordered. Jenks, P.

J., and Thomas, Stapleton, Rich, and Putnam, PEOPLE, Appellant, V. BADOLATO, Re- JJ., concur. spondent._ (Supreme Court, Appellate Division, Second Department. December 10, 1915.) PEOPLE of the State of New York, respt. Proceeding by the People of the State of New v. Charles HOEFFLER, applt. (Supreme York against Antonio Badolato. No opinion. Court, Appellate Division, Fourth Department. Order of the County Court of Kings County January 5, 1916.) Appeal dismissed upon stipreversed, with $10 costs and disbursements, ulation filed. and motion denied, with $10 costs. While the order of forfeiture of the undertaking stands in full force, there is no meritorious defense to PEOPLE, etc., Respt., v. Adolph KEITEL, this action. See, also, 156 N. Y. Supp. 1138. Applt. (Supreme Court, Appellate Division.

First Department. January 21, 1916.) Juds PEOPLE, etc., Respt., v. Gene BEAUMONT, ment affirmed. No opinion. Order filed. Applt. (Supreme Court, Appellate Division,

PEOPLE of the State of New York, respt, First Department. December 24, 1915.) Judg- v. Thomas KERR, impleaded, etc., applt. (Sument affirmed. No opinion. Order filed.

preme Court Appellate Division, Fourth De

partment. January 22, 1916.) Judgment of PEOPLE of the State of New York, respt., conviction reversed and new trial granted, upv. Joseph BROWN, applt. (Supreme Court, on the ground that the verdict is against the Appellate Division, Third Department. Janu- weight of the evidence upon the question of ary 5, 1916.) Judgment of conviction unani- defendant's attempt to commit robbery. mously affirmed.

concur.

PEOPLE of the State of New York, respt., PEOPLE, etc., Respt., v. Charles McDONv. Hiram .COLE, applt., (Supreme Court, Ap-ALD, alias Gondorf, Applt. (Supreme Court, pellate Division, Fourth Department. Janu- Appellate Division, First Department. ary 5, 1916.) Motion granted and appeal discember 30, 1915.) Judgment and order affirm missed.

ed. No opinion. Order filed.

PEOPLE of the State of New York, plain-| the People of the State of New York against tiff, v. METROPOLITAN SURETY COMPA- Hyman Stehr. No opinion. Judgment of conNY, defendant. (Supreme Court, Appellate viction of the County Court of Kings County Division, Third Department. January 18, reversed on reargument of 168 App. Div. 119, 1916.) In the matter of the application for 153 N. Y. Supp. 296, and new trial ordered. the payment of interest upon their claims in the See, also, 153 N. Y. Supp. 1134. distribution of estates Title Guarantee & Surety Company, and others, appellants. Mo PEOPLE of the State of New York, respondtion granted, and the following question cer-ent, V. Hyman STEHR, appellant. (Supreme tified: Is the appellant entitled to interest be- Court, Appellate Division, Second Department. fore the creditors whose claims have not ma- January 7, 1916.) Motion granted. Settle ortured before July 6, 1909 (the date of the com- der before the Presiding Justice. mencement of the action), have received the principal of their claims?

PEOPLE, etc., Respt., v. Ernest TRIBEL

HORN, Applt. (Supreme Court, Appellate DiPEOPLE of the State of New York, respond- vision, First Department. December 30, 1915.) ent, v. MOY HE, appellant. (Supreme Court, Judgment and orders affirmed. No opinion. OrAppellate Division, Second Department. Jan-der filed. uary 7, 1916.) Judgment of conviction affirmed by default. Jenks, P. J., and Thomas, Sta PEOPLD of the State of New York, respt., V. pleton, Mills, and Putnam, JJ., concur. James VAN EVERY, applt. (Supreme Court,

Appellate Division, Fourth Department. DePEOPLE, etc., Respt., v. Dennis MURRAY, cember 8, 1915.) Judgment and orders affirmed. Applt. (Supreme Court, Appellate Division, All concur. First Department. January 14, 1916.) Appeal dismissed. No opinion. Order filed.

PEOPLE, etc., ex rel, Adele Taylor BOWNE, PEOPLE of the State of New York, respt., appellant, v. Henry S. MANNING, respondent. v. Nicola PAVOGLIANTI, applt. (Supreme (Supreme Court, Appellate Division, Second DeCourt, Appellate Division, Third Department. partment. December 30, 1915.) Order dismissJanuary 5, 1916.) Judgment of conviction af ing writ_affirmed, with $10 costs and disbursefirmed. All concur.

Smith, P. J., not being ments. It may be that under the circumstances a member of the court at the time of the deci- as shown to exist at the present time the fusion. Cochrane, J., not sitting.

ture welfare of the child will require a modifi

cation of the decree of divorce, and this decision PEOPLE, etc., Respt., v. Walter F. PECK, is without prejudice to such an application. No Applt. (Supreme Court, Appellate Division, opinion. Jenks, P. J., and Thomas, Carr, Mills, First Department. January 14, 1916.) Appeal and Rich, JJ., concur. dismissed. No opinion. Order filed.

PEOPLE ex rel. Charles BRIGHT, Applt., v. PEOPLE of the State of New York, respond- Max S. GRIFFENHAGEN, as sheriff, Deft. ent, v. John PULLMAN, appellant. (Supreme (Nat. Ry. Construction Co., Respt.). (Supreme Court, Appellate Division, Second Department. Court, Appellate Division,' First Department. December 24, 1915.) Judgment of conviction December 24, 1915.) Order affirmed. No opin

ion. Order filed. of the Court of Special Sessions affirmed. No opinion. Jenks, P. J., and Carr, Stapleton, viills and Putnam, JJ., concur. See, also, 166 PEOPLE ex rel. William CASPAR v. FredApp. Div. 99, 151 N. Y. Supp. 741.

erick J. H. KRACKE, as Commr. (Supreme

Court, Appellate Division, First Department. PEOPLE of the State of New York, respond- January 14, 1916.) Motion granted without ents, v.

Libero SANTANIELLO, appellant. costs. Order filed. (Supreme Court, Appellate Division, Second Department. January 7, 1916.) Judgment of con

PEOPLE ex rel. CITY OF N. Y., Rel., v. Alviction of the County Court of Kings County affirmed by default. Jenks, P. J., and Thomas, fred P. W. SEAMAN et al., Respts. (Supreme Stapleton, Mills, and Putnam, JJ., concur.

Court, Appellate Division, First Department.
December 24, 1915.) Writ dismissed and pro-

ceedings affirmed, with $50 costs and disbursePEOPLE, etc., v, Adolph SCHMIDT: (Su- ments, on People ex rel. Watt v. Zucca, 160 preme Court, Appellate Division, First Depart. App. 'Div. 578, 145 N. Y. Supp. 754. Order ment. December 24, 1915.) Motion granted. filed. Order filed.

PEOPLE of the State of New York, respt., v. PEOPLE ex rel. James CURRAN V. Arthur Frank L. SMITH, applt. (Supreme Court, Ap- WOODS, as Commr. (Supreme Court, Appelpellate Division, Fourth Department. Decem- late Division, First Department. December, 24, ber 8, 1915.) Judgment of conviction and order 1915.) Motion granted, with $10 costs. Order disallowing demurrer affirmed. All concur. filed.

PEOPLE, Respondent, v. STEHR, Appellant. PEOPLE of the State of New York ex rel. (Supreme Court, Appellate Division, Second De- Thomas L. DELANEY, relator, v. Michael J. partment. December 10, 1915.) Proceeding by 'MESCALL, applt., impleaded, etc. (Supreme

Court, Appellate Division, Fourth Department. PEOPLE ex rel. RUTLAND RAILROAD, January 12, 1916.) Appeal dismissed, with costs respt., v. Charles R. ASHLINE et al., as asses(except argument fee) to relator against appel- sors, etc., applts. (Supreme Court, 'Appellate lant, upon stipulation filed.

Division, Third Department. January 18,

1916.) Judgment and order unanimously af PEOPLE, etc., ex rel. Conrad FLAD, rela-firmed, with costs. tor, v. Arthur WOODS, as Police Commissioner of the City of New York, respondent. (Supreme Court, Appellate Division, Second Department. Edward B. SAVAGE, relator, respt., v. Rich

PEOPLE of the State of New York ex rel. and writ dismissed,"with $50 costs and disburse: ard H. HUTCHINGS, as superintendent of St ments. No opinion. Jenks, P. J., and Carr, Sta- Lawrence State Hospital for the Insane, apple, pleton, Mills, and Putnam, JJ., concur.

Hood Rubber Company, Fred C. Hood, and employés of the Hood Rubber Company, appearing

(SuPEOPLE, etc., ex rel. Richard D. GODLEY, in opposition to the application, applts. relator, v. Henry S. THOMPSON, as Commis' preme Court, Appellate Division, Third Depart. sioner,' etc., respondent. (Supreme Court, Ap- 50 costs and disbursements against the Hood

ment. January 5, 1916.) Orders affirmed, with pellate Division, Second Department. December 30, 1915.) Determination confirmed and writ

Rubber Company. All concur, except Wood. dismissed, with $50 costs and disbursements. ward, J., dissenting. No opinion. Jenks, P. J., and Carr, Mills, Rich, and Putnam, JJ., concur.

PEOPLE ex rel. Lewis U. SEGEE v. Nich.

olas J. HAYES, as Commr. (Supreme Court, PEOPLE ex rel. Leo KIESLER V. Henry Appellate Division, First Department. DecemMOSKOWITZ et al. (Supreme Court, Appel-ber 24, 1915.) Motion granted, with $10 costs. late Division, First Department. December 24, Order filed. 1915.) Motion granted, without costs. Order filed.

PEOPLE ex rel. Daniel D. SHEEHAN 1.

Robert J. MOOREHEAD as Supt., etc. (SuGeorge H. BELL, as Commr. (Supreme Court, with $10 costs. Order filed. PEOPLD ex rel. Dominick LAMBIENTE v. preme Court, Appellate Division, First Depart

December 24, 1915.) Motion granted, Appellate Division, First Department. January 14, 1916.) Motion denied, with $10 costs. Order filed.

PEOPLE, etc., ex rel. Lena SILVERSTEIN, respondent-appellant, v. WARDEN, etc., of

Bedford Reformatory, appellant; People of the PEOPLE ex rel. Michael A. LYNCH V. Ar State of New York, appellants. (Supreme thur WOODS, as Commr. (Supreme Court, Ap- Court, Appellate Division, Second Department pellate Division, First Department. December December 17, 1915.) Order sustaining writ, 24, 1915.) Motion granted, with $10 costs. Or- but remanding relator for a proper and legal der filed.

sentence, affirmed. No opinion. *Jenks, P. J.,

and Thomas, Stapleton, Rich, and Putnam, JJ., PEOPLE ex rel. McCREA, Appellant, v. PO- concur. See, also, 155 N. Y. Supp. 1133, LICE COM'R OF CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division,

PEOPLE ex rel. Gladys UKERS, Respt., F. First Department. December 10, 1915.) Pro- William H. UKERS, Applt. (Supreme Court, ceeding by the People of the State of New York, Appellate Division, First Department. Januon the relation of George McCrea, against the ary 21,, 1916.) Order affirmed. No opinion. Police Commissioner of the City of New York. Order filed. No opinion. Order affirmed. Order filed.

PEOPLE ex rel. WALTERS, Appellant, T. PEOPLE ex rel. Stephen J. MADIGAN V. PRENDERGAST, Comptroller, Respondent Moses McKEE et al. (two cases). (Supreme (Supreme Court, Appellate Division, First DeCourt, Appellate Division, First Department. partment. December 10, 1915.) Proceeding December 24, 1915.) Motions granted, without by the People of the State of New York, on costs. Orders filed.

the relation of Aloysius H. Walters, against

William A. Prendergast, as Comptroller. Nə PEOPLE ex rel. Thomas O'GRADY, relator, opinion. Order affirmed, with sio costs and v. BOARD OF SUPERVISORS OF NIAGA

disbursements. Order filed. RA COUNTY, defts._(Supreme Court, Appellate Division, Fourth Department. January 22,

PEOPLE ex rel. Aloysius H. WALTERS 5. 1916.) Writ of certiorari sustained, with $50 William A. PRENDERGAST, as Comptr. (Sucosts and disbursements to relator, and the ac

preme Court, Appellate Division, First De counts presented by the relator remitted to the partment. January 14, 1916.) Motion grant board of supervisors of Niagara County for aud

ed. Order filed. it pursuant to law. See opinion by Merrell, J., in case of People ex rel. Watts et al., v. Board In re PEOPLE'S SURETY CO. OF NEW of Supervisors of Niagara County, 156 N. Y. YORK. (Supreme Court, Appellate Division, Supp. 148, decided December 1, 1915. All con- Second Department. December 10, 1915.)

the matter of the voluntary dissolution of the

cur.

People's Surety Company of New York. No (NEW YORK CENTRAL RAILROAD COMopinion. The obligation of the surety continu- PANY, employer and self-insurer, appellant. ed at least until the discharge of the bond in (Supreme Court, Appellate Division, Third De1915, unless discharged in the course of the partment. January 18, 1916.) Award unani. liquidation of the company. Meantime the sure- mously affirmed. Motion for leave to appeal to ty was entitled to the annual premiums. The the Court of Appeals denied. return of the collateral should be conditioned upon the payment of the premiums, the due James POLLITZ, suing, etc., Applt., v. NEW amount whereof can be ascertained by the YORK CENTRAL R. R. CO. et al., Respts. Special Term. Order (82 Misc. Rep. 518, 144 (Supreme Court, Appellate Division, First DeN. Y. Supp. 131) reversed without costs, and partment. December 24, 1915.) Order affirm. inotion remitted to the Special Term for the ed, with $10 costs and disbursements, with purpose stated.

leave to plaintiff to withdraw demurrer on payment of costs. Appeal from order denying mo

tion for reargument dismissed. No opinion. Bronislaws PERNOK (otherwise known as

Order filed. John Gibson), respt., V. INTERNATIONAL PAPER CO., applt. (Supreme Court, Appellate Division, Fourth Department. January 22, In the matter of the claim of Anna O. POR1916.) Judgment and order reversed and new TER on behalf of herself as widow, and Martrial granted, with costs to appellant to abide garet Porter, Adele Porter and Clarissa Porter, event. Held: That the verdict is against the daughters, and Park Porter, son, for compensaweight of the evidence upon the question as to tion arising out of the death of Lewis M. Porwhether the plaintiff's injuries were caused ter, deceased, respondent, v. The NEW YORK by the alleged "wobbling" of the machine. All CENTRAL & HUDSON RIVER RAILROAD concur, except Kruse, P. J., who dissents. COMPANY, employer and self-insurer, appel

lant. (Supreme Court, Appellate Division, August PESCHMANNS, Respt., v. George B. Third Department. January 18, 1916.) Award HAYES, Applt. (Supreme Court, Appellate Di- unanimously affirmed. Motion for leave to apvision, First Department. December 30, 1915.) peal to the Court of Appeals denied. Judgment affirmed, with costs. No opinion. Laughlin, J., dissenting. Order filed.

In the matter of the claim of Fred C. POTTS,

claimant-respondent, for compensation under In the matter of the claim of Joseph PICOL, Workmen's Compensation Law, V. LEHIGH for compensation arising out of personal in- | VALLEY RAILROAD COMPANY, employerjuries, v. LEHIGH VALLEY RAILROAD appellant. (Supreme Court, Appellate Division, COMPANY. (Supreme Court, Appellate Divi- Third Department. January 18, 1916.) Award sion, Third Department. January 5, 1916.) unanimously affirmed. Award unanimously affirmed, on the authority of Matter of Winfield v. N. Y, C. & H. R. R. R.

Lucy PRICE v. N. Y. CONSOLIDATED Co., 216 N. Y. 284, 110 N. E. 614. Kellogg, P. R. R. CO. (Supreme Court, Appellate Division, J., not sitting.

First Department. December 24, 1915.) Mo

tion granted. Order filed. In the matter of the claim of Jane PLASS for compensation arising out of the death of Nicholas PRINCE, an infant, etc., respt., v. Peter Plass, claimant-respondent, v. CENTRAL INTERNATIONAL RAILWAY CO., applt. NEW ENGLAND RAILWAY COMPANY, (Supreme Court, Appellate Division, Fourth Deemployer-appellant. (Supreme Court, Appellate partment. December 8, 1915.). Judgment and Division, Third Department. January 18, order affirmed with costs. All concur, except 1916.) Motion granted.

Lambert, J., who dissents. George L. PLATT and others, claimants PROVIDENCE-WASHINGTON INS. CO., respts., v. STATE of New York, Defendant Respondent, v. PENDLETON, Appellant. (SuAppellant. (Supreme CourtAppellate Divi. sion, Third Department. January 5, 1916.)

preme Court, Appellate Division, First Depart

ment. December 10, 1915.) Action by the Determination unanimously affirmed, with costs.

Providence-Washington Insurance Company John A. PLIMPTON, applt., v. BROWN der aflirmed, with $10 costs and disbursements.

against Fields S. Pendleton. No opinion. "OrBROTHERS COMPANY, respt. (Supreme

Order filed. Court, Appellate Division, Fourth Department. January 22, 1916.) Judgment affirmed with costs. Held: That the clause in the contract In the Matter of Application of the PUBproviding that “any stock which did not prove LIC SERVICE COMMISSION, etc. Bushtrue to name as labeled was to be replaced free wick Station, East New York Route (Route or purchase price refunded but is not further No. 59). (Supreme Court, Appellate Division, warranted” limited plaintiff's recovery to the Second Department. December 30, 1915.) Mopurchase price of said trees. All concur. tion granted, and order signed.

In the matter of the claim of Roman POD In re PUTNAM. (Supreme Court, AppelKOWNSKI for compensation under the Work- late Division, First Department. December 10, men's Compensation Law, respondent, v. The '1915.) In the matter of Robert M. S. Putnam.

Order 1916.)

No opinion. Referred to Hon. Henry A. Gil- | Appellate Division, Fourth Department. Jan
dersleeve, official referee. Settle order on no uary 5, 1916.) Judgment and order affirmed
tice.

with costs. All concur.
In the matter of the claim of Natalina QUAT- Division, Fourth Department.

In re RISLEY. (Supreme Court, Appellate
TRINI, claimant-respondent, for compensation 1915.) In the matter of Edwin H. Risley, at-

November 24,
under the Workmen's Compensation Law on ac- torney at law. No opinion. Decision of no-
count of death of Dominico Quattrini, v. The tion to set aside order of disbarment deferred,
DELAWARE and HUDSON COMPANY, em- in view of the fact that the reversal of the
ployer-appellant. (Supreme Court, Appellate judgment of conviction by the Court of Appeals
Division, Third Department. January 18,
1916.) Award unanimously affirmed.

was not upon the merits and that the new trial

Motion
for leave to appeal to the Court of Appeals Div. 931, 147 N. Y. Supp. 1137.

is shortly to take place. See, also, 163 App.
pending.

In the Matter of Marshall 0. ROBERTS,
Charles A. J. QUECK-BERNER, appellant, decd. (Supreme Court Appellate Division,
V. WARD BAKING COMPANY, respondent. First Department. December 24, 1915.) Order
(Supreme Court, Appellate Division, Second affirmed, with $10 costs and disbursements.
Department. January 7, 1916.) Motion de- No opinion. Order filed.
nied, without costs.

Laurien C. ROBERTSON, Applt.-Respt., F.

Edward F. ROBERTSON, Gustav Lange, Jr.,
Thomas D. RAMBAUT and ano., Applts., v. Respt.-Applt. (Supreme Court, Appellate Di-
Gesine ENGEL, Respt. (Supreme Court, Ap- vision, First Department. December 24, 1915.)
pellate Division, First Department. December | Order affirmed, with $10 costs and disburse
24, 1915.) Order affirmed, with $10 costs and ments. No opinion. Order filed.
disbursements. No opinion. Order filed.

Alfreda C. ROBINSON, respt., V. William E
Rudolf RAPP, Applt., v. Morris WOLBURG, WOOLEVER, applt. (Supreme Court, Appel-
Respt. (Supreme Court, Appellate Division, late Division, Fourth Department. January 12.
First Department. January 14, 1916.)

Motion granted and appeal dismissed
reversed, with $10 costs and disbursements, and with costs, including $10 costs of this motion.
motion granted, with $10 costs, on the all-
thority of Gittleman v. Feltman, 191 N. Y. 207, ROCKOW, Appellant, V. NEW YORK
83 N. 1969. Order filed.

CENT. & H. R. R. CO., Respondent. (Supreme

Court, Appellate Division, Fourth Department.
Sarah REGAN, Respt., v. CITY OF NEW November 17, 1915.) Action by Arthur Rockow
YORK, Applt. (Supreme Court, Appellate Di- against the New York Central & Hudson River
vision, First Department. December 24, 1915.) Railroad Company. No opinion. Judgment
Judgment and order affirmed, with costs. No and order affirmed, with costs.
opinion. Order filed. Ingraham, P. J., dis-
senting.

John RODZBORSKI, respondent, v. AMER-

ICAN SUGAR REFINING COMPANY OF
Elizabeth REICH v. Eva M. B. LANE and NEW YORK, appellant. (Supreme Court, Ap-
ano. (two cases). (Supreme Court, Appellate

pellate Division, Second Department. Decem-
Division, First Department. December 24,

ber 24, 1915.) Judgment and order reversed.
1915.) Motions granted, with $10 costs.

with costs, and complaint dismissed, with costs,

Or-
ders signed.

on the ground that either act imputed to Balder.
the superintendent, in the submission, was a

mere detail of the work, which would not charge
In the Matter of Isaac B. REINHARDT. the master at common law. Jenks, P. J., ard
(Supreme Court, Appellate Division, First De Stapleton and Mills, JJ., concur. Cars and
partment, December 30, 1915.) Reargument Rich, JJ., vote to affirm.
ordered.

John RODZBORSKI, respondent, y. The
Frederick REISERT, respondent, V. The AMERICAN SUGAR REFINING COMPA
CITY OF NEW YORK, appellant. Frank NY, appellant. (Supreme Court, Appellate Di-
FELTEN, respondent, V. SAME, appellant. vision, Second Department. January 7, 1916)
(Supreme Court, Appellate Division, Second Motion denied, with $10 costs.
Department. December 24, 1915.) Motions for
reargument denied, with $10 costs in each case.

Nellie T. ROESSLE, Respt., v. Elwood O.

ROESSLF and ano., Applts. (Supreme Court,
Alfred RICHARDSON, appellant, V. Jules Appellate Division. First Department. Decem-
De GRANDMONT, respondent. (Supreme ber 24, 1915.) Judgment affirmed, with costs.
Court, Appellate Division, Second Department. on opinion on former appeal. 163 App. Dir.
December 24, 1915.) Judgment and orders 344, 148 N. Y. Supp. 659. Order filed.
unanimously affirmed, with costs. No opinion.

Antonio ROMANO, respondent, V. Giuseppe
John M. RILEY and one, respts., v. Anthony D. CALDARA, appellant. (Supreme Court,
SPOSATO and one, applts. (Supreme Court, 'Appellate Division, Second Department. Jan-

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