REPORTS OF CASES HEARD AND DETERMINED IN THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK. JEROME B. FISHER, REPORTER. VOLUME CXLII. 1911. J. B. LYON COMPANY, ALBANY, N. Y. Entered, according to Act of Congress, in the year nineteen hundred and eleven, BY EDWARD LAZANSKY, SECRETARY OF THE STATE OF NEW YORK, In trust for the benefit of the People of the said State, in the office of the Librarian of Congress at Washington, D. C. *Mr. Justice JENKS was designated by the Governor on January 7, 1911, to act as Presid ing Justice in the place of Mr. Justice HIRSCHBERG, whose term expired December 31, 1910, and who was designated on January 7, 1911, as Associate Justice. + Designated on January 7, 1911, as Associate Justice in the place of Mr. Justice JENKS. Designated by the Governor, to sit temporarily. Designated on January 4, 1911, in the place of Mr. Justice COCHRANE at the expiration of his term. Every tenth volume of Hun's Reports from vol. 20 tc vol. 90, and every tenth volume of Appellate Division Reports from vol. 10 to vol. 70 contains a Table of the Causes, published in Hun's Reports, which have been passed upon by the Court of Appeals. Volume 100 App. Div. contains a table collecting all the causes published in the Appellate Division Reports passed upon prior to the issue of that volume. The tables published in vol. 108 and every tenth volume from vol. 110 contain causes passed upon from the issue of vol. 100 to February 4, 1911. JEROME B. FISHER, iv Reporter. 1 CAUSES in which the decisions contained in the Appellate Division Reports have been passed upon by the Court of Appeals. A'HEARN . WATSON.. Judgment affirmed: 201 N. Y. 526. ADENAW v. PIFFARD..... 139 App. Div. 900 137 App. Div. 470 Judgment reversed and new trial granted: 202 N. Y. 122. ALDRICH V. BORDEN'S CONDENSED MILK Co...... ......... 136 App. Div. 893 Judgment reversed and new trial granted: 201 N. Y. 564. ALLEN V. GRAY 139 App. Div. 428 Judgment reversed and new trial granted: 201 N. Y. 504. ANDERSON. CASEY CO....... 136 App. Div. 361 Judgment affirmed: 201 N. Y. 525. ANDERSON & PRICE Co. v. CITY OF NEW YORK.... Judgment affirmed: 201 N. Y. 524. 135 App. Div. 915 ANTHONY V. ABBOTT. 136 App. Div. 913 Judgment affirmed: 201 N. Y. 575. BAIL 7. NEW YORK, NEW HAVEN & HARTFORD R. R. Co... BARCALO MFG. Co. v. MALDONADO & Co. ...... Order affirmed: 201 N. Y. 591. BARRY v. CITY OF NEW YORK.... BEACH. LARGE 135 App. Div. 919 Y. 355. 140 App. Div. 939 141 App. Div. 927 Judgment affirmed: 201 N. Y. 604. 134 App. Div. 988 Appeal dismissed: 201 N. Y. 564. BERKOWITZ v. CONSOLIDATED GAS Co....... Judgment affirmed: 201 N. Y. 512. ..... BOARD OF WATER COMRS., CITY OF CORNING v. CITY OF 134 App. Div. 389 Judgment reversed and new trial granted: 201 N. Y. 466. BRADY. NEW YORK CENTRAL & H. R. R. R. Co..... .... 139 App. Div. 902 134 App. Div. 955 136 App. Div. 896 BROOKLYN TRUST Co. v. PHILLIPS.. 137 App. Div. 916 |