Cesidio PELLEGRINO, appellant, v. Clarence L. SMITH COMPANY, respondent. (Supreme Court, Appellate Division, Second Department. January 7, 1916.) Judgment reversed and new trial granted, costs to abide the event. We think that this case, on the present record, does not fall within the doctrine of Citrone v. O'Rourke Eng. Const. Co., 188 N. Y. 339, 80 N. E. 1092, 19 L. R. A. (N. S.) 340. According to plaintiff's testimony there was an assurance by defendant's representative that no danger existed, and a promise of notification when danger should become imminent. This brings the case within the doctrine of Rice v. Eureka Paper Co., 174 N. Y. 385, 66 N. E. 979, 62 L. R. A. 611, 95 Am. St. Rep. 585. Jenks, P. J., and Thomas, Carr, Mills, and Rich, JJ., concur. PEOPLE, etc., Respt., v. Vincenzo ACENS, Applt. (Supreme Court, Appellate Division, First Department. January 21, 1916.) Judgment affirmed. No opinion. Order filed. PEOPLE, Respondent, v. ALEX, Appellant. (Supreme Court, Appellate Division, Second Department. December 8, 1915.) Proceeding by the People of the State of New York against August Alex. No opinion. Motion denied. See, also, 155 N. Y. Supp. 1130. PEOPLE of the State of New York, respondents, v. Ralph DANA, appellant. (Supreme Court, Appellate Division, Second Department. January 7, 1916.) Judgment of conviction of the County Court of Kings County affirmed by default. Jenks, P. J., and Thomas, Stapleton, Mills, and Putnam, JJ., concur. PEOPLE of the State of New York, respondents, v. Leo FRIEDMAN, appellant. (Supreme Court, Appellate Division, Second Department. December 24, 1915.) Judgment of conviction of the County Court of Kings County affirmed. No opinion. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. See, also, 154 N. Y. Supp. 298. PEOPLE, etc., Respt., v. George GARFALO, Applt. (Supreme Court, Appellate Division, First Department. December 30, 1915.) Judg ment affirmed. No opinion. Order filed. PEOPLE of the State of New York, respt., v. Mary GUILEY, applt. (Supreme Court, Appellate Division, Fourth Department. December 8, 1915.) Judgment and orders affirmed. All concur. PEOPLE of the State of New York, respondents, v. Julius HARRIS, appellant. (Supreme Court, Appellate Division, Second Department. December 17, 1915.) There is no competent evidence that the certificate or transcript or af case within the Penal Law (Consol. Laws, c. 40), or that it is purchased, fraudulently issued, counterfeited or materially altered, so as to bring it within the Public Health Law (Consol. Laws, c. 45). Judgment of conviction of the County Court of Westchester County reversed, and a new trial ordered. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. PEOPLE, Respondent, v. BADOLATO, Ap-fidavit is false or forged, so as to bring the pellant. (Supreme Court, Appellate Division, Second Department. December 10, 1915.) Proceeding by the People of the State of New York against Antonio Badolato. No opinion. Order of the County Court of Kings County affirmed, with $10 costs and disbursements. See, also, 156 N. Y. Supp. 1138. PEOPLE, Appellant, v. BADOLATO, Respondent. (Supreme Court, Appellate Division, Second Department. December 10, 1915.) Proceeding by the People of the State of New York against Antonio Badolato. No opinion. Order of the County Court of Kings County reversed, with $10 costs and disbursements, and motion denied, with $10 costs. While the order of forfeiture of the undertaking stands in full force, there is no meritorious defense to this action. See, also, 156 N. Y. Supp. 1138. PEOPLE, etc., Respt., v. Gene BEAUMONT, Applt. (Supreme Court, Appellate Division, First Department. December 24, 1915.) Judgment affirmed. No opinion. Order filed. PEOPLE of the State of New York, respt., v. Joseph BROWN, applt. (Supreme Court, Appellate Division, Third Department. January 5, 1916.) Judgment of conviction unanimously affirmed. PEOPLE of the State of New York, respt., v. Hiram COLE, applt. (Supreme Court, Appellate Division, Fourth Department. January 5, 1916.) Motion granted and appeal dismissed. PEOPLE of the State of New York, respt... V. Charles HOEFFLER, applt. (Supreme Court, Appellate Division, Fourth Department. January 5, 1916.) Appeal dismissed upon stipulation filed. PEOPLE, etc., Respt., v. Adolph KEITEL, Applt. (Supreme Court, Appellate Division. First Department. January 21, 1916.) Judg ment affirmed. No opinion. Order filed. PEOPLE of the State of New York, respt. v. Thomas KERR, impleaded, etc., applt. (Su preme Court, Appellate Division, Fourth De partment. January 22, 1916.) Judgment of conviction reversed and new trial granted, up on the ground that the verdict is against the weight of the evidence upon the question of defendant's attempt to commit robbery. concur. All PEOPLE, etc., Respt., v. Charles McDON ALD, alias Gondorf, Applt. (Supreme Court Appellate Division, First Department. De cember 30, 1915.) Judgment and order affirm ed. No opinion. Order filed. PEOPLE of the State of New York, plaintiff, v. METROPOLITAN SURETY COMPANY, defendant. (Supreme Court, Appellate Division, Third Department. January 18, 1916.) In the matter of the application for the payment of interest upon their claims in the distribution of estates of Title Guarantee & Surety Company, and others, appellants. Motion granted, and the following question certified: Is the appellant entitled to interest before the creditors whose claims have not matured before July 6, 1909 (the date of the commencement of the action), have received the principal of their claims? PEOPLE of the State of New York, respondent, v. MOY HE, appellant. (Supreme Court, Appellate Division, Second Department. January 7, 1916.) Judgment of conviction affirmed by default. Jenks, P. J., and Thomas, Stapleton, Mills, and Putnam, JJ., concur. PEOPLE, etc., Respt., v. Dennis MURRAY, Applt. (Supreme Court, Appellate Division, First Department. January 14, 1916.) Appeal dismissed. No opinion. Order filed. PEOPLE of the State of New York, respt., v. Nicola PAVOGLIANTI,__applt._ (Supreme Court, Appellate Division, Third Department. January 5, 1916.) Judgment of conviction affirmed. All concur. Smith, P. J., not being a member of the court at the time of the decision. Cochrane, J., not sitting. PEOPLE, etc., Respt., v. Walter F. PECK, Applt. (Supreme Court, Appellate Division, First Department. January 14, 1916.) Appeal dismissed. No opinion. Order filed. PEOPLE of the State of New York, respondent, v. John PULLMAN, appellant. (Supreme Court, Appellate Division, Second Department. December 24, 1915.) Judgment of conviction of the Court of Special Sessions affirmed. No opinion. Jenks, P. J., and Carr, Stapleton, Mills and Putnam, JJ., concur. See, also, 166 App. Div. 99, 151 N. Y. Supp. 741. PEOPLE of the State of New York, respondents, v. Libero SANTANIELLO, appellant. (Supreme Court, Appellate Division, Second Department. January 7, 1916.) Judgment of conviction of the County Court of Kings County affirmed by default. Jenks, P. J., and Thomas, Stapleton, Mills, and Putnam, JJ., concur. PEOPLE, etc., v. Adolph SCHMIDT. (Supreme Court, Appellate Division, First Department. December 24, 1915.) Motion granted. Order filed. PEOPLE of the State of New York, respt., v. Frank L. SMITH, applt. (Supreme Court, Appellate Division, Fourth Department. December 8, 1915.) Judgment of conviction and order disallowing demurrer affirmed. All concur. PEOPLE, Respondent, v. STEHR, Appellant. (Supreme Court, Appellate Division, Second Department. December 10, 1915.) Proceeding by the People of the State of New York against Hyman Stehr. No opinion. Judgment of conviction of the County Court of Kings County reversed on reargument of 168 App. Div. 119, 153 N. Y. Supp. 296, and new trial ordered. See, also, 153 Ñ. Y. Supp. 1134. PEOPLE of the State of New York, respondent, v. Hyman STEHR, appellant. (Supreme Court, Appellate Division, Second Department. January 7, 1916.) Motion granted. Settle order before the Presiding Justice. PEOPLE, etc., Respt., v. Ernest TRIBELHORN, Applt. (Supreme Court, Appellate Division, First Department. December 30, 1915.) Judgment and orders affirmed. No opinion. Order filed. PEOPLE of the State of New York, respt., v. James VAN EVERY, applt. (Supreme Court, Appellate Division, Fourth Department. December 8, 1915.) Judgment and orders affirmed. All concur. PEOPLE, etc., ex rel. Adele Taylor BOWNE, appellant, v. Henry S. MANNING, respondent. (Supreme Court, Appellate Division, Second Department. December 30, 1915.) Order dismissing writ_affirmed, with $10 costs and disbursements. It may be that under the circumstances as shown to exist at the present time the future welfare of the child will require a modification of the decree of divorce, and this decision is without prejudice to such an application. No opinion. Jenks, P. J., and Thomas, Carr, Mills, and Rich, JJ., concur. PEOPLE ex rel. Charles BRIGHT, Applt., v. Max S. GRIFFENHAGEN, as sheriff, Deft. Nat. Ry. Construction Co., Respt.). (Supreme Court, Appellate Division, First Department. December 24, 1915.) Order affirmed. No opinion. Order filed. Court, Appellate Division, Fourth Department. January 12, 1916.) Appeal dismissed, with costs (except argument fee) to relator against appellant, upon stipulation filed. PEOPLE ex rel. RUTLAND RAILROAD, respt., v. Charles R. ASHLINE et al., as asses sors, etc., applts. (Supreme Court, Appellate Division, Third Department. January 18, 1916.) Judgment and order unanimously affirmed, with costs. PEOPLE, etc., ex rel. Conrad FLAD, relator, 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. December 24, 1915.) Determination confirmed, and writ dismissed, with $50 costs and disburse ard H. HUTCHINGS, as superintendent of St. ments. No opinion. Jenks, P. J., and Carr, Sta-Hood Rubber Company, Fred C. Hood, and emLawrence State Hospital for the Insane, applt., pleton, Mills, and Putnam, JJ., concur. ployés of the Hood Rubber Company, appearing PEOPLE, etc., ex rel. Richard D. GODLEY, in opposition to the application, applts. (Surelator, 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 Rubber Company. 30, 1915.) Determination confirmed and writ All concur, except Wooddismissed, 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. Nicholas 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. Dominick LAMBIENTE v. George H. BELL, as Commr. (Supreme Court, Appellate Division, First Department. January 14, 1916.) Motion denied, with $10 costs. Order filed. PEOPLE ex rel. Michael A. LYNCH v. Arthur WOODS, as Commr. (Supreme Court, Appellate Division, First Department. December 24, 1915.) Motion granted, with $10 costs. Order filed. PEOPLE ex rel. Daniel D. SHEEHAN v. Robert J. MOOREHEAD as Supt., etc. (Supreme Court, Appellate Division, First Departwith $10 costs. Order filed. ment. December 24, 1915.) Motion granted, PEOPLE, etc., ex rel. Lena SILVERSTEIN, respondent-appellant, v. WARDEN, etc., of Bedford Reformatory, appellant; People of the State of New York, appellants. (Supreme Court, Appellate Division, Second Department. December 17, 1915.) Order sustaining writ but remanding relator for a proper and legal sentence, affirmed. No opinion. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. See, also, 155 N. Y. Supp. 1133. PEOPLE ex rel. MCCREA, Appellant, v. POLICE COM'R OF CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, PEOPLE ex rel. Gladys UKERS, Respt., v. 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. Stephen J. MADIGAN v. Moses McKEE et al. (two cases). (Supreme Court, Appellate Division, First Department. December 24, 1915.) Motions granted, without costs. Orders filed. PEOPLE ex rel. Thomas O'GRADY, relator, v. BOARD OF SUPERVISORS OF NIAGARA COUNTY, defts. (Supreme Court, Appellate Division, Fourth Department. January 22. 1916.) Writ of certiorari sustained, with $50 costs and disbursements to relator, and the accounts presented by the relator remitted to the board of supervisors of Niagara County for audit pursuant to law. See opinion by Merrell, J., in case of People ex rel. Watts et al., v. Board of Supervisors of Niagara County, 156 N. Y. Supp. 148, decided December 1, 1915. All con cur. PEOPLE ex rel. WALTERS, Appellant, v. PRENDERGAST, Comptroller, Respondent. (Supreme Court, Appellate Division, First Department. December 10, 1915.) Proceeding by the People of the State of New York, on the relation of Aloysius H. Walters, against William A. Prendergast, as Comptroller. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. William A. PRENDERGAST, as Comptr. (SuPEOPLE ex rel. Aloysius H. WALTERS ▾. preme Court, Appellate Division, First De partment. January 14, 1916.) Motion granted. Order filed. In re PEOPLE'S SURETY CO. OF NEW YORK. (Supreme Court, Appellate Division. Second Department. December 10, 1915.) In the matter of the voluntary dissolution of the 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 unaniliquidation 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 amount whereof can be ascertained by the Special Term. Order (82 Misc. Rep. 518, 144 N. Y. Supp. 131) reversed without costs, and motion remitted to the Special Term for the purpose stated. Bronislaws PERNOK (otherwise known as John Gibson), respt., v. INTERNATIONAL PAPER CO., applt. (Supreme Court, Appellate Division, Fourth Department. January 22, 1916.) Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held: That the verdict is against the weight of the evidence upon the question as to whether the plaintiff's injuries were caused by the alleged "wobbling" of the machine. All concur, except Kruse, P. J., who dissents. August PESCHMANNS, Respt., v. George B. HAYES, Applt. (Supreme Court, Appellate Division, First Department. December 30, 1915.) Judgment affirmed, with costs. No opinion. Laughlin, J., dissenting. Order filed. In the matter of the claim of Joseph PICOL, for compensation arising out of personal injuries, v. LEHIGH VALLEY RAILROAD COMPANY. (Supreme Court, Appellate Division, Third Department. January 5, 1916.) Award unanimously affirmed, on the authority of Matter of Winfield v. N. Y. C. & H. R. R. R. Co., 216 N. Y. 284, 110 N. E. 614. Kellogg, P. J., not sitting. In the matter of the claim of Jane PLASS for compensation arising out of the death of Peter Plass, claimant-respondent, v. CENTRAL NEW ENGLAND RAILWAY COMPANY, employer-appellant. (Supreme Court, Appellate Division, Third Department. January 18, 1916.) Motion granted. James POLLITZ, suing, etc., Applt., v. NEW YORK CENTRAL R. R. CO. et al., Respts. (Supreme Court, Appellate Division, First Department. December 24, 1915.) Order affirmed, with $10 costs and disbursements, with leave to plaintiff to withdraw demurrer on payment of costs. Appeal from order denying moOrder filed. tion for reargument dismissed. No opinion. In the matter of the claim of Anna C. PORTER on behalf of herself as widow, and Margaret Porter, Adele Porter and Clarissa Porter, daughters, and Park Porter, son, for compensation arising out of the death of Lewis M. Porter, deceased, respondent, v. The NEW YORK CENTRAL & HUDSON RIVER RAILROAD COMPANY, employer and self-insurer, appellant. (Supreme Court, Appellate Division, Third Department. January 18, 1916.) Award unanimously affirmed. Motion for leave to appeal to the Court of Appeals denied. In the matter of the claim of Fred C. POTTS, claimant-respondent, for compensation under Workmen's Compensation Law, v. LEHIGH VALLEY RAILROAD COMPANY, employerappellant. (Supreme Court, Appellate Division, Third Department. January 18, 1916.) Award unanimously affirmed. Lucy PRICE v. N. Y. CONSOLIDATED R. R. CO. (Supreme Court, Appellate Division, First Department. December 24, 1915.) Motion granted. Order filed. Nicholas PRINCE, an infant, etc., respt., v. INTERNATIONAL RAILWAY CO., applt. (Supreme Court, Appellate Division, Fourth Department. December 8, 1915.) Judgment and order affirmed with costs. All concur, except Lambert, J., who dissents. George L. PLATT and others, claimantsPROVIDENCE-WASHINGTON INS. CO., respts., v. STATE of New York, Defendant-Respondent, v. PENDLETON, Appellant. (SuAppellant. (Supreme Court, Appellate Division, Third Department. January 5, 1916.) preme Court, Appellate Division, First Department. December 10, 1915.) Determination unanimously affirmed, with costs. Providence-Washington John A. PLIMPTON, applt., v. BROWN BROTHERS COMPANY, respt. (Supreme Court, Appellate Division, Fourth Department. January 22, 1916.) Judgment affirmed with costs. Held: That the clause in the contract providing that "any stock which did not prove true to name as labeled was to be replaced free or purchase price refunded but is not further warranted" limited plaintiff's recovery to the purchase price of said trees. All concur. Action by the Insurance Company against Fields S. Pendleton. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. In the Matter of Application of the PUBLIC SERVICE COMMISSION, etc. Bushwick Station, East New York Route (Route No. 59). (Supreme Court, Appellate Division, Second Department. December 30, 1915.) Motion 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. No opinion. Referred to Hon. Henry A. Gil- | Appellate Division, Fourth Department. In the matter of the claim of Natalina QUAT- Charles A. J. QUECK-BERNER, appellant, Division, Fourth Department. In the Matter of Marshall O. ROBERTS, Laurien C. ROBERTSON, Applt.-Respt.,. Rudolf RAPP, Applt., v. Morris WOLBURG, Sarah REGAN, Respt., v. CITY OF NEW Elizabeth REICH v. Eva M. B. LANE and In the Matter of Isaac B. REINHARDT. Frederick REISERT, respondent, v. The Alfreda C. ROBINSON, respt., v. William E ROCKOW, Appellant, V. NEW YORK Decem- John RODZBORSKI, respondent, v. AMER- John RODZBORSKI, respondent, v. The Nellie T. ROESSLE, Respt., v. Elwood 0. John M. RILEY and one, respts., v. Anthony Antonio ROMANO, respondent, v. Giuseppe |