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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
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9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
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All reporters › ny-lexis › Volume 1918 Opinions in ny-lexis, volume 1918
Matter of Whitman. No. 1 Page 812 Charles S. Whitman, the respondent, instituted this proceeding by presenting, under an order to show cause, to the Special Term of the Supreme Court *Page 4 on November 25, 1918, an affidavit made by him.… Matter of Whitman. No. 2 Page 813 This is an application pursuant to section 374 of the Election Law (Cons.… ) The defendant, a corporation, has been convicted of violating section 162 of the Labor Law (Consol.… The action was brought to recover the sum of about $800, a balance due on the sale by the plaintiff to the defendant of certain Norton elevator door checks and closers.… Dowler v. . Johnson Page 816 The defendant in 1913 was the fire commissioner of the city of New York.… Carr v. . Pennsylvania R.R. Co. Page 817 This is an action to recover damages for personal injuries sustained by plaintiff while driving over a railroad grade crossing.… First National Bank v. Winters Page 818 The plaintiff is a banking corporation doing business in the village of Waverly.… The complaint sets forth two causes of action.… Ryan v. . Empire Engineering Corp. Page 820 The defendant had a contract for enlarging the Erie canal near Spencerport to the dimensions required for the barge canal and at the time and place of the accident herein involved had partially completed its contract.… Rinaldi v. . Mohican Co. Page 821 We have held as to a sale of food for immediate consumption made before September 1st, 1911, by a dealer who makes or prepares the articles sold that there is an implied warranty of wholesomeness.… On April 29th, 1915, the defendant issued an accident .policy to Mr. Hopkins in favor of.… Matter of Haydorn v. . Carroll Page 823 The facts which are relied upon to support petitioner’s application are as follows: He was indicted jointly with others and was arrested and arraigned.… Kroenke v. . Johnson Page 824 Judgment reversed and new trial granted, costs to abide event, on authority of Dowler v. Johnson (225 N.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Wheeler v. . Wheeler Page 827 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Apex Leasing Company v. . Litke Page 831 Judgment affirmed, with costs; no opinion.… Gilmore v. . Shuttleworth Page 832 Judgment affirmed, with costs; no opinion.… Irving National Bank v. . Gray Page 833 *628 Appeal dismissed, with costs; no opinion.… Redding v. . the City of New York Page 834 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Springsteen v. . Springsteen Page 836 *631 Judgment affirmed, with costs; no opinion.… People v. . Gregory Page 837 Judgment affirmed; no opinion. Concur: Hiscock, Ch.… Judgment affirmed, with costs; no opinion.… *633 Judgment affirmed, with costs; no opinion.… Gross v. . Mendel Page 840 Judgment affirmed, with costs; no opinion.… Smith v. . Osterhout Page 841 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Maxwell v. . Marsh Page 845 Judgment affirmed, with costs; no opinion.… Brown v. . Robinson Page 846 Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Motion to amend remittitur denied. (See 224 N.Y.… Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… In Re the Estate of Heinze Page 849 F. Augustus Heinze was the owner at the time of his death of 450,000 shares of the stock of the West Dome Company, a mining corporation.… This is a claim for death benefits under the Workmen’s Compensation Law.… On July 2, 1917, one of the members of the state industrial commission proposed to that body a resolution that every mutual compensation insurance company and every self-insurer should pay into the state fund, under section 27 of the Workmen’s Compensation Law, as amended by chapter 705 of the Laws of 1917, the… The plaintiff’s testator, John F. Bailey, held a policy of insurance issued by the defendant.… In Re Proving the Will of Heaton Page 853 The only question meriting discussion presented by this appeal is, is there any evidence supporting the finding that the deceased was not of sound mind when she executed the paper propounded as her last will and testament.… On the 31st of July, 1916, Patrick Doey, an employee of Clarence P.… Murray v. . Smith Page 855 Besson & Co. was a corporation created in March, 1897, to carry on a coal and lumber business at Dobbs Ferry, N.… On September 12, 1915, the defendant, a fire and marine insurance company, issued to the plaintiff its policy of insurance covering the body, tackle, apparel and other furniture of the canal boat, the Henry Bird, Jr. “ Touching the Adventures and perils which the said Company are content to bear and take upon… Leary v. . Geller Page 857 The prayer of the complaint has, no doubt, been somewhat misleading in this case'.… Bradley v. . Degnon Contracting Co. Page 858 The trial court rendered a judgment restraining the defendants from operating “ the industrial railroad now built and being operated by them in and upon 79th Street, Borough of Brooklyn, City of New York, upon, across, or in front of, the respective premises of the plaintiffs,” directing the defendants to forthwith… Ward v. . Union Trust Co. Page 859 This is an action upon an express covenant contained in a lease.… This is an application for a peremptory writ of 'mandamus directing the corporation counsel of the city of Buffalo to sign a stipulation of discontinuance of a franchise tax certiorari proceeding instituted by the appellant.… People v. . Reilly Page 861 The defendant was convicted of the crime of assaut in the second degree because he shot a man named Tynan with a revolver, at a large pleasure resort and drinking place in the upper part of Hew York city.… Loucks v. . Standard Oil Co. Page 862 o The action is brought to recover damages for”injuries resulting in death.… The relator since a time prior to 1907 has owned and operated a double-track surface electric railroad between the city of Syracuse and the city of Rochester.… Matter of Daly v. . Bates Roberts Page 864 The employer is engaged in conducting a hotel in the city of New York.… People v. . Todoro Page 865 The defendant was charged with the crime of rape in the second degree, alleged to have beefi committed January 17, 1916, upon Laura Passarella, a female under the age of eighteen years, to wit, of the age of fifteen years.… People v. . Hewson Page 866 The People sue to recover a penalty for the violation of section 203 of the Public Health Law (Consol.… People v. . Dempsey Page 867 The respondent was indicted, tried and convicted for a misdemeanor, for failure to obey, observe and comply with an order of the Public Service Commission made on the 6th day of , February, 1912, and having aided and abetted a common carrier, the Brooklyn Union Elevated Company, in its failure to obey, observe and… The plaintiff’s intestate was employed by defendant in a lumber yard operated and conducted by the latter in the city of New York.… The relator, Municipal Gas Company of the City of Albany, seeks in this proceeding authorization by the public service commission, second district, to charge designated prices, exceeding one dollar per one thousand cubic feet, for gas furnished in the city of Albany.… For the year 1912 the relator was assessed in a very substantial sum upon its special franchises to construct and operate telegraph lines in and through the streets in the city of New York.… In 1911 the assessors of the city of Troy placed on the assessment roll of said city an assessment as follows: "Troy Union Railroad Co., Boston and Maine Railroad Co., Delaware and Hudson Railroad Co., New York Central and Hudson River Railroad Co. "The lands of roadbed and adjacent thereto in the several wards of the… Matter of City of Syracuse Page 872 By chapter 356, Laws of 1907, the Syracuse intercepting sewer board was organized with power to construct intercepting sewers in and for the city of *203 Syracuse, • and to construct such sewers and structures as may be required to render said intercepting sewer system operative and efficient.… The majority of the court are of the opin- - ion that the unanimous affirmance of the order confirming the report of the commissioners that the New York Dock Company failed to establish any title or rights in the property condemned precludes us from considering the claims urged by said company on this appeal.… Chapter 62 of the Laws of 1853 authorized a municipal corporation to lay out any street across railroad tracks without compensation to the railroad company and imposed upon the latter the duty of carrying the street across the tracks “ as shall be most convenient and useful for public travel.” With this act in force… Schintzuis v. . Lackawanna Steel Co. Page 875 This action was brought to recover damages sustained by reason of intestate’s death, which was alleged to have been caused by the negligence of defendant.… Seaver v. . Ransom Page 876 Judge Beman and his wife were advanced in years.… United States Trust Co. v. . Heye Page 877 This action was brought by the United States Trust Company of New York, as trustee under the will of Charles F.… Section 18 of the Workmen’s Compensation Law (Cons.… E. Fougera & Co. v. City of New York Page 879 In a controversy submitted on an agreed statement of facts, judgment has been rendered permanently enjoining the enforcement of sections 116 and 117 of the Sanitary Code adopted by the board of health of the city of New York.… In Re the Accounting of Megrue Page 880 The facts in this case are undisputed. So far as material to be considered they will be referred to.… Service of notice as required by statute upon the persons interested in the descent of the real property and the distribution of the personal property of the decedent was essential to give the court jurisdiction to probate the alleged will.… Brown v. . Robinson Page 882 This action was brought by the plaintiff to have the accounts of himself and the defendant Charles A.… The state industrial commission decided that Burt Litts died from injuries received as an employee of the Risley Lumber Company while in the course of his employment, under conditions making the Workmen’s Compensation Law (Cons.… On the 7th of November, 1916, Thomas H. Belcher died.… The claimant’s husband, on the 23d of July, 1917, was in the employ of the Turner Construction Company.… Barber v. . Terry Page 886 The plaintiffs bring this action as heirs at law of Tootie McGregor Terry, deceased, for the *338 partition of real property situate in Westchester county in this state.… Mokarzel v. . Mokarzel Page 887 The parties hereto were married in this state in May, 1904.… Crocker Point Assn. v. . Gouraud Page 888 This is an action brought to recover a payment made on a contract for the sale of real estate on the ground that the title tendered by defendant was not marketable.… John Reis Co. v. Zimmerli Page 889 This is an action to recover for services rendered by a broker in procuring a purchaser for real *353 property owned by the defendant.… People v. . Van Zandt Page 890 On October 30th, 1917, the defendant shot and killed one Rebecca Thompson.… Boschen v. . Stockwell Page 891 Section 2335 of the Code of Civil Procedure reads as follows: “ Where the petition alleges, that the person, with respect to whom it prays for the appointment of a committee, is incompetent, by reason of lunacy, the inquiry with respect to his competency, upon the execution of a commission, or the trial at a trial… Baker v. Ancient Order of Hibernians Page 892 The Fifth Avenue Amusement Company, a domestic corporation, was the lessee of the defendant, Ancient Order of Hibernians.… People v. . Esposito Page 893 The defendant has been convicted of murder in the first degree because he shot and killed a woman named Griovannina Pasquerella.… Saranac Land Timber Co. v. . Roberts Page 894 This is an ejectment action. All of the issues therein were referred to a referee to hear and determine the same.… The city of Rochester, the appellant here, under and by virtue of provisions of its revised or re-enacted charter (Laws of 1907, chapter ■ 755) applied to the Special Term of the Supreme Court for the appointment of commissioners to ascertain and report the compensation which Alexander M.… The action is based upon the provisions of section 29 of the Workmen’s Compensation Law (Cons.… Ryder v. . Kennedy Page 897 It is quite evident that if the final judgment appealed from directing a distribution to the heirs at law of the rents from the real estate sought to be partitioned stands, the widow will not be able hereafter to obtain any portion of the rents which accrued from those premises after her husband’s death.… Mullen v. . Washburn Page 898 The defendant entered into a written contract with the plaintiff by which he granted, sold and *415 conveyed to him “All the wood, timber and trees now growing, standing and being upon the following described piece or parcel of land * * * bounded and described as follows to wit: On the north by lands formerly owned by… Larkin v. . Frazier Page 899 This action was brought by plaintiff to set aside a sale of certain real estate made by the sheriff of the county of Rensselaer under an execution issued upon a judgment in favor of Clara C.… Stemmler v. . Alsdorf Page 900 In a complaint purporting to set forth two causes of action plaintiff sought to recover a sum of money from defendants on the theory that they had received and held said moneys for his benefit.… Reynolds v. . Reynolds Page 901 John. McGuire died, leaving a last will and testament which was duly admitted to probate, which contained the following language: “Item Sixth.… Hyman v. . Barrett Page 902 The defendant was the landlord of a tenement house in the city of New York.… Andrews v. . Gardiner Page 903 The action is for libel. One Conrad, a doctor in the city of- New York, was convicted of the crime of attempted abortion.… Under colonial patents the town of Huntington originally owned in fee a strip of land in Suffolk county lying between the ocean and Great South bay, known as Short Beach.… On September 20, 1899, Phebe V. S. Thorne and Harriet Y.… People v. . Chapman Page 906 Under the evidence and the charge of the trial justice the defendant was convicted, under section 1044 of the Penal Law, of killing, while engaged in the commission of a felony, Harry Regensburg.… The plaintiff, a corporation, sues to compel the specific performance of contracts to supply electric, current to its mills.… Plaintiff was the captain of a coal barge.… Richardson Press v. . Albright Page 909 Plaintiff declares on a balance of about four thousand dollars alleged to be due on account for materials furnished to Oceanic Publishing Company, a corporation, for which it is alleged that defendant agreed to pay.… Callanan v. . Keenan Page 910 The trial court has found that. John J. Callanan was.… Kozlowski v. . Gomolski Page 911 Plaintiff brought this action against John Gomolski and his wife, Mary K.… Johanns v. . Ficke Page 912 The action is to secure a judgment establishing and foreclosing a lien claimed by the plaintiff as a livery stable keeper, under section 183 of the Lien Law (Cons.… Warnock Uniform Co. v. . Garifalos Page 913 The action is in equity to have ten promissory notes adjudged void.… In Re the Estate of Housman Page 914 The personal property in controversy was concededly owned by the testator in his lifetime and prior to and until his marriage on February 18, 1916.… Kelso Co. v. . Ellis Page 915 Thomas Howard,- under the name of Thomas Howard Company, dealt in advertising specialties in Brooklyn, N.… The claimant, at the time he was injured, was a longshoreman in the employ of the Johnson Lighterage Company, which had a contract to load a vessel in navigable waters.… On the 12th of June, 1917, Alexander Keator was in the employ of the Rock Plaster Manufacturing Company, which had a place of business at One Hundred and Fiftieth street and East river, New York city.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, without costs, on opinion of Scott, J., below.… Matter of Little Page 920 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Rositske v. . Meyer Page 921 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Roth v. . New York Railways Company Page 922 Motions granted and appeal in each case dismissed, with costs and ten dollars costs of motion. In Re the Accounting of Van Vliet Page 923 The Appellate Division modified the surrogate’s decree in respect of the award of costs.… Motion denied, with ten dollars costs. People v. . Cole Page 925 Motion granted and appeal dismissed. Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Begen v. . Pettus Page 928 Motion to amend remittitur denied, with ten dollars costs.… Tallman v. . Wyand Page 929 Motion denied, with ten dollars costs. People v. . Ward Page 930 Motion granted and appeal dismissed on the ground that no question of law is presented that can be reviewed by this court. Motion granted and appeal dismissed, with costs and .ten dollars costs of motion. Ely v. . Barrett Page 932 On the 5th of March, 1918, leave was given to defendant to appeal from a judgment.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Fosdick v. . Metal Shelter Co., Inc. Page 934 Motion for re-hearing of- motion to amend remittitur.… Judgment affirmed, with costs; no opinion.… Matter of Peters v. . Sisson Page 936 *555 Order affirmed, with costs; no opinion.… Matter of French Page 937 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Reilly v. . Steinhart Page 939 Order affirmed, with costs, and question certified answered in the affirmative; no opinion.… In Re Proving the Will of Gleason Page 940 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Matter of Wolff v. . Bennett Page 941 Appeal dismissed, with costs; no opinion.… Matter of Selwyn Realty Corporation Page 942 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Dittenfass v. . Horsley Page 943 Orders affirmed, with costs; no opinion. Concur: His cock, Ch.… *563 Judgment affirmed, with costs; no opinion.… People Ex Rel. Hunt v. . Prendergast Page 945 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Tappin v. . Cropsey Page 946 Order affirmed, with costs; no opinion. Concur: HISCOCK, Ch.… People Ex Rel. Rehill v. . Woods Page 947 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs, on opinion of Scott, J., below.… People v. . Fisher Page 949 Motion to amend remittitur denied. (See 223 N.Y.… Hamilton v. . Muncie Page 950 Motion denied, with ten dollars costs. Order affirmed, with costs; no opinion. Concur: Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.… *569 Order affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Chase, Hogan, Pound, Crane and Andrews, JJ.… In Re the Accounting of Runk Page 954 Order affirmed, with costs; no opinion. ■ Concur: Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.… Appeal dismissed, with costs; no opinion.… In Re the Accounting of Van Vliet Page 956 Order affirmed, with costs; no opinion. Concur: Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.… In Re the Accounting Feitner Page 957 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Herrick v. . Smith Page 958 Judgment affirmed, .with costs; no opinion.… Howes v. . New York Press Company Page 959 Appeal dismissed, with costs; no opinion.… Marks v. . Abenheimer Page 960 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Burrell v. . City of New York Page 961 Motion for re-argument denied, with ■ ten dollars costs and necessary printing disbursements.… Duryea v. . Knapp Page 962 Motion to amend remittitur denied, without costs.… People v. . Stapler Page 963 Motion for re-argument denied. (See 223 N.Y.… In Re the Accounting of Lamb Page 964 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… People v. . Unterman Page 965 *579 Judgment affirmed; no opinion. Concur: His cock, Ch.… People v. . Bisbee Page 966 *580 Judgment affirmed, with costs; no opinion.… Cassel v. . the City of New York Page 967 Judgment affirmed, with costs; no opinion.… Marston v. . the City of New York Page 968 *582 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… John H. Kamman Company v. . Delano Page 970 Judgment affirmed, with costs; no opinion.… People v. . Roberto Page 971 Judgment of conviction affirmed; no opinion.… Judgment affirmed, with costs; no opinion.… Martindale v. De Kay Page 973 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Crawford v. . Dexter Page 975 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. Van Poucke Page 977 Judgment of conviction affirmed; no opinion.… People v. . Sabatino Page 978 Judgment affirmed; no opinion. Concur: HISCOCK, Ch.… People v. . Lonergan Page 979 Appeal dismissed; no opinion. Concur: Hiscock, Ch.… Magee v. . Condon Page 980 Judgment affirmed, with costs; no opinion.… Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Baker v. . Thompson Page 982 Judgment affirmed, with costs; no opinion.… Gledhill v. . Schiff Page 983 Judgment affirmed, with costs; no opinion.… People v. . Bennett Page 984 Judgment affirmed; no opinion. Concur: His cock, Ch.… Motion for re-argument. (See 223 N. Y. 294.) Motion granted and case set down for re-argument on the third Monday of term commencing September thirtieth next.… Order affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback and Hogan, JJ.; His cock, Ch.… Kellogg v. . Kellogg Page 987 Judgment affirmed, with costs; no opinion.… In Re the Designation of Travis Page 988 Order affirmed, with costs; no opinion. Concur; His cock, Ch.… In Re the Designation of Fraser Page 989 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Titus v. . Griffin Page 990 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion denied, with ten dollars costs and necessary printing disbursements. Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Motion denied, with ten dollars costs and necessary printing disbursements. Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Backenstos v. . Holmes Page 995 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Hollender v. . Wallace Page 996 Motion denied, with ten dollars costs and necessary printing disbursements. Matter of Sexton Page 997 Motion granted and appeal dismissed. Matter of Willis Page 998 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Motion for re-argument or to amend remittitur.… Howes v. . New York Press Company Page 1001 Motion for re-argument of motion to dismiss appeal denied, with ten dollars costs and necessary printing disbursements.… Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Motion denied, with ten dollars costs and necessary printing disbursements. This appeal is upon the assumption that the state industrial commission has made an award of *607 $8.655 per week, $4.32% to the father and $4.32% to the mother.… Judgment affirmed, without costs, on opinion of Cardozo, J., in Fougera & Co. v. City of New York (224 N.… Planten v. . the City of New York Page 1006 *609 Judgment affirmed, without costs, on opinion of Cardozo, J., in Fougera & Co. v. City of New York (224 N.… People v. . Linton Page 1007 Judgment and order denying new trial affirmed; no opinion.… Order affirmed, with costs, and each one of the questions certified answered in the negative; no opinion.… Lummis v. . Crosby Page 1009 *612 Order affirmed, with costs; no opinion.… People v. . Di Meo Page 1010 Appeal dismissed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Valesh v. . Prince Page 1012 Judgment affirmed, with costs; no opinion.… In Re the Estate of Case Page 1013 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Matter of Gibbons Page 1014 *616 Order affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Hiscock,' Ch.… Belais v. . Mallett Page 1016 Appeal dismissed, with costs; no opinion.… Rosenwasser v. . Globe Indemnity Company Page 1017 Motion to amend remittitur. (See 224 N. Y.… Robinson v. . Avery Page 1018 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. People v. . Sabatino Page 1019 Motion for re-argument denied. (See 224 N.Y.… Motion to amend remittitur denied, with ten dollars costs.… Order affirmed, with costs; no opinion. Concur: Chase, Cuddeback, Hogan and Crane, Jj.… Order affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Hogan and Crane, JJ.… Order affirmed, with costs; no opinion. Concur: His cock, Ch, J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ. Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Quaid v. . Ratkowsky Page 1025 Order affirmed, with costs, and question certified answered in the affirmative; no opinion.… Appeal dismissed, with costs; no opinion.… People Ex Rel. Morse v. . Travis Page 1027 Order affirmed, .with costs; no opinion. Concur: His cock, Ch.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. . Shevitz Page 1030 Judgment affirmed; no opinion. Concur: His cock, Ch.… Hirt v. . Mayer Page 1031 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Murphy v. . John Hofman Company Page 1033 Judgment affirmed, with costs; no opinion.… We think that the answer of the railroad company raises issues to be tried, and that there was error in granting the motion for judgment on the pleadings.… People Ex Rel. Lempp v. . Voorhis Page 1035 Order affirmed, without costs; no opinion.… Cornell v. . Child Page 1036 Judgment affirmed, with costs; no opinion.… County of Onondaga v. . City of Buffalo Page 1037 Judgment affirmed, with costs; no opinion.… People v. . Cohen Page 1038 Judgment of conviction affirmed; no opinion.… People v. . Agnello Page 1039 Judgment affirmed; no opinion. Concur: HISCOCK, Ch.… People v. . Nicchia Page 1040 Judgment affirmed; no opinion. Concur: His cock, Ch.… Judgment affirmed, with costs; no opinion.… Town of North Hempstead v. . Leeds Page 1042 Judgment affirmed, with costs; no opinion.… Brooks v. . Erie County Savings Bank Page 1043 Judgment affirmed, with costs; no opinion.… Lee v. . Sperry Page 1044 Appeal dismissed, with costs; no opinion.… Dooley v. . the Press Publishing Company Page 1045 Judgment affirmed, with costs; no opinion.… Pollock v. . Central Fish Company Page 1046 Judgment affirmed, with costs; no opinion.… Abadie v. . Hyde Real Estate Corporation Page 1047 Judgment affirmed,' with costs; no opinion.… Friedman v. . Bender Page 1048 Judgment affirmed, with costs; no opinion.… Killilea v. . Morgan Page 1049 We think that McGregor, the superintendent of the estate, must be deemed the alter ego of the defendant, and that for his negligence in failing to correct the‘dangerous condition after notice of its existence, the defendant is responsible (Henry v. Hudson & M.… O'Connor v. . the City of New York Page 1050 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. . Schwartz Page 1052 Judgment affirmed; no opinion. Concur: Hiscock, Ch.… People v. . Palluch Page 1053 Judgment affirmed; no opinion. Concur: His cock, Ch.… Smith v. . Village of Larchmont Page 1054 Judgment affirmed, with costs; no opinion.… George v. . City of Schenectady Page 1055 Judgment affirmed, with costs; no opinion.… Wickenheiser v. . Herring Page 1056 Judgment affirmed, with costs; no opinion.… Wickenheiser v. . Herring Page 1057 Judgment affirmed, with costs; no opinion.… Wallach v. . Baumryter Page 1058 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Ostrander v. . Bricka Page 1060 Order affirmed, with costs, and question certified answered in the affirmative; no opinion.… Ford v. . Wanamaker Page 1061 *656 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Crawford v. . Dexter Page 1063 Motion to amend remittitur. (See 224 N. Y.… The order so far as appealed from should be reversed, with costs in this court and in the Appellate Division, and the motion, so far as the appointment of another referee is concerned, remitted to the Special Term for further consideration upon the facts before it, The first question certified should be answered in… Matter of City of Rochester Page 1065 Order affirmed, with costs, on the authority of Matter of City of Rochester (Town of Canadice) (224 N.… Order reversed and motion granted, with costs, and question certified answered in' the affirmative on the dissenting opinion of Woodward, J., at the Appellate Division.… Judgment affirmed, with costs; no opinion.… Cushman v. . Cook Page 1068 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Watts v. . Herrick Page 1070 Judgment affirmed, with costs; no opinion.… Logan v. . New Amsterdam Gas Company Page 1071 *665 Judgment affirmed, with costs; no opinion.… Meagher v. . Sesrun Society Page 1072 Judgment affirmed, with costs; no opinion.… Robinson v. . Oliver Page 1073 Judgment affirmed, with costs; no opinion.… Lunt v. . Brown Brothers Company Page 1074 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Ost v. . Mindlin Page 1076 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Scott, J., at Appellate Division.… Miller v. . Shubert Theatrical Company Page 1077 Judgment affirmed, with costs; no opinion.… King v. . King Page 1078 Final judgment affirmed, without costs. Appeal from interlocutory judgment dismissed, without costs; no opinion.… Bastine v. . Mabie Page 1079 Judgment affirmed, with costs; no opinion.… The Meritas Realty Company v. . Farley Page 1080 Judgment affirmed, with costs; no opinion.… Frankel v. . Feldstein Page 1081 Judgment affirmed, with costs; no opinion.… Petersen v. . East River Land Company Page 1082 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs.. Appeal from order denying motion to reopen case dismissed, without costs; no opinion.… Scarpinato v. . W.L. Cosgrove Company Page 1084 Judgment affirmed, with costs; no opinion.… Jones v. . Woodin Page 1085 *679 Judgment affirmed, with costs; no opinion.… •Judgment affirmed, with costs; no opinion.… Ebling v. . Nekarda Page 1087 *681 Judgment affirmed, with costs; no opinion.… Humpfner v. . Beers Page 1088 Judgment affirmed, with costs; no opinion.… Belden v. . Fitchett Page 1089 Judgment affirmed, with costs; no opinion.… Reilly v. . the City of New York Page 1090 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Murnane v. . Pearson Page 1092 Judgment affirmed, with costs; no opinion.… Demarest v. . Carr Page 1093 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs to respondent Fredenburg & Lounsbury against the Royal Company of New York; with costs to plaintiff against Hildreth Granite Company and Royal Company of New York and costs of Royal Company of New York against Hildreth Granite Company; no opinion.… Judgment affirmed, with costs; no opinion.… People v. . Cleveland Page 1097 Judgment of conviction affirmed; no opinion.… Judgment affirmed, with costs; no opinion.… Bacon v. . Schlesinger Page 1099 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… MacAluso v. . Traube-Berger Company Page 1103 Appeal dismissed, with costs; no opinion.… Wheeler v. . Wheeler Page 1104 Motion denied. Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Plaintiff failed to offer sufficient evidence to sustain a finding that the locus in quo was an existing highway.… Matter of City of New York Page 1107 A proceeding was instituted by the city of New York to acquire title to certain lands belonging to the Woodward-Brown Realty Company for a public park.… This action was brought to foreclose a mechanic’s lien.… Matter of O'Esau v. . E.W. Bliss Company Page 1109 One John M. O’Esau was an employee of E.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People Ex Rel. Miller v. . Fiske Page 1112 Order affirmed; no opinion. Concur: Hiscock, Ch.… Pattee v. . Harper Page 1113 Judgment affirmed, with costs, on opinion of Dowling, J., below.… In Re the Assignment of Vietor Page 1114 Order affirmed, with costs. First question certified not answered, second question answered in the affirmative; no opinion.… Matter of City of New York Page 1115 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… In Re the Estate of Johnston Page 1116 *710 Order affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Matter of Liberatore v. . Friedman Page 1118 Order ¿firmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, on opinion of Woodward, J., below.… Judgment affirmed, with costs; no opinion.… In Re the Petition of Thedford Page 1124 *717 Order affirmed, with costs; no opinion.… White v. . Hudson Navigation Company Page 1125 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Cooper v. . Hall Page 1128 Judgment affirmed, with costs; no opinion.… De Groff v. . Pansini Page 1129 Judgment affirmed, with costs; no opinion.… Ford v. . Bustin Page 1130 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Washburn v. . the Ranier Company Page 1132 Judgment affirmed, with costs; no opinion.… Plimpton v. . Brown Brothers Company Page 1133 *725 Judgment affirmed, with costs; no opinion Concur: His cock, Ch.… Judgment affirmed, with costs; no opinion.… Bush v. . Crossett Page 1135 Judgment in' each case affirmed, with costs; no opinion.… Daly v. . Haight Page 1136 Order affirmed and judgment absolute-ordered against appellant on the stipulation, with costs in all courts; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Byrne v. . Beckman Page 1139 Judgment affirmed, with costs; no opinion.… Appeal dismissed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Nahme v. . the City of New York Page 1142 Judgment affirmed, with costs; no opinion.… Cook v. . the Peoples Milk Company Page 1143 Motion denied, without costs. People v. . Alexander Page 1144 Motion denied. Rogers v. . Knickerbocker Ice Company Page 1145 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… The Appellate Division added to the taxable estate of Charles E.… Garricott v. . New York State Railways Page 1148 The action is to recover damages for an assault.… Larson v. . Nassau Electric R.R. Co. Page 1149 The plaintiff was a motorman in the defendant’s service.… The action is to recover the damages sustained by plaintiff, a corporation, through the refusal of defendant, a railroad corporation, to transfer cars from its track to the freight yard of the Delaware, Lackawanna and Western Eailroad Company at Utica, New York.… Triangle Waist Co. v. . Todd Page 1151 The action is one by employer against employee.… Chapman v. . Fargo Page 1152 This action was brought to recover damages for unreasonable delay in the transportation *34 of moving picture films which were delivered to the defendant express company in Troy for shipment to the plaintiff, in Utica.… O'Neil v. . State of New York Page 1153 This is a claim for salary based on the provisions of chapter 680, Laws of 1915, in effect May 22, 1915, which provided an annual salary of $3,000 for each member of the state athletic commission.… Maguire v. . Barrett Page 1154 If there be evidence in this case creating a question of fact for the jury, the Appellate Division was in error in dismissing the complaint.… Trustees of Hamilton College v. Roberts Page 1155 Hamilton College, situated at Clinton, Oneida county, New York, in order to procure a sufficient supply of water, purchased certain nearby farm lands with springs, and erected thereon reservoirs and water works.… Cramer v. . Grand Rapids Show Case Co. Page 1156 In May, 1910, the plaintiffs, residents of Watkins, Schuyler county,.… The action is to foreclose a mortgage made by the Long Acre Electric Light and Power Company to the plaintiff as trustee to secure the bonds of the Long Acre Company in the sum of $1,000,000.… McQuaide v. . Perot Page 1158 The question sought to be presented on this appeal is to what extent one of the legatees or next of kin of a decedent acquires the right, upon the allegation that the personal representatives of the estate refuse to sue, to maintain an action to set aside a sale by decedent to his trustee of an interest in personal… In 1914 the Diamond Mills Paper Company had a plant at Saugerties, New York.… People Ex Rel. Gleason v. . Purdy Page 1160 Relator was assessed in the year 1916 on the value of a parcel of real estate, $45,000.… Matter of Hickey Page 1161 An amendment of the Liquor Tax Law in 1917 provides for the reduction of the nqmber of liquor tax certificates in cities having.a population of 55,000 or less, and in towns (L.… Claim of Alpert v. J. C. & W. E. Powers Page 1162 While doing his work, the claimant became sick, and upon examination it was discovered that he had an inguinal hernia.… Kavanaugh v. . Commonwealth Trust Co. Page 1163 The defendant, a director of a trust company, has been sued to recover losses sustained by the company through his alleged neglect of duties.… Heyman v. . Biggs Page 1164 In 1892 the Norton Point Land Company was organized as a corporation for the general purpose of purchasing, selling and improving real property.… People v. . International Bridge Co. Page 1165 This action was brought to recover penalties aggregating $500, alleged to have been incurred by defendant’s failure to construct, before January 1, 1916, as required by chapter 666 of the Laws of 1915, a roadway for vehicles and a pathway for pedestrians *141 upon its bridge across Black Bock harbor from land in the… People Ex Rel. Palmer v. . Travis Page 1166 On March 30, 1915, the Court of Claims awarded to Lowell M.… Northern Grain Co. v. . Wiffler Page 1167 This appeal involves a consideration of the right of stoppage in transitu of goods sold on credit and shipped by a common carrier.… Smith v. . Hedges Page 1168 I am unable to concur in the reversal of this judgment.… McCloskey v. . Buckley Page 1169 This is an action in which plaintiff has recovered damages by reason of injuries sustained under the following circumstances: Defendant Buckley’s intestate owned a lot on Homecrest avenue in that part of the city of New York' which was once the town of Gravesend; on the rear of the lot, on East Thirteenth street, was… This is an appeal by plaintiff and two defendants claiming liens under a contract for a public improvement, under section 5 of the Lien Law (Cons.… Overton v. . City of New York Page 1171 .This is an action to recover the amount paid on certain assessments levied on lot 22 in the years 1893, 1894, 1895, 1896, 1897 for the opening and the grading of West Twelfth street in the town of Gravesend, on the ground that they were illegal and void.… Jessup v. . Smith Page 1172 In October, 1913, George W. Smith was one of the trustees under the will of Samuel J.… Munro v. . State of New York Page 1173 John I. Munro was in the employ of the state of New York as a fireman and electrician at Kings Park State Hospital, Suffolk county, from January 1, 1906, to the 27th day of September, 1909.… Sullivan v. . Rosson Page 1174 In and prior to 1913 the real property • in the city of New York known as No. 115 McDougal street, was incumbered by a mortgage of $27,000 which was a first lien thereon — a mortgage of $4,000 which was a second lien thereon — a mortgage of $1,000 which was a third lien, thereon — and a mortgage of $7,000 which was a… Matter of Maltbie v. . Lobsitz Mills Co. Page 1175 To entitle a judgment creditor to maintain a proceeding supplementary to execution under the Code *231 of Civil Procedure, the judgment upon which execution has been issued must have been • rendered “ Upon the judgment debtor’s appearance or personal service of the summons upon him, for a sum not less than twenty-five… Fleischman v. . Furgueson Page 1176 The trial court was of the opinion that by the agreement made between the plaintiff and his wife, Marion F.… The facts upon which the application for a writ of prohibition is based are as follows: The New York State Railways presented a petition to the public service commission of the second district praying that it be permitted to raise to six cents its rate of fare on street surface railways in the city of Rochester and a… Matter of Bloomfield v. . November Page 1178 The claimant has been awarded a substantial sum as compensation for injuries alleged to have been received while in the employ of the defendant November.… Meruk v. . City of New York Page 1179 This action was brought to recover' damages to real property evidenced and measured by loss of rents during the period January 19, 1911, to September 30, 1914, resulting from the repeated flooding of such premises by the overflow from a sewer alleged to have been improperly and negligently constructed by the defendant.… Anderson v. . Erie R.R. Co. Page 1180 Plaintiff’s intestate, a clergyman, obtained from defendant, a written order that at any time during the year 1913 its agents would sell to him, for his personal use, a clerical ticket subject to the conditions on the back thereof.… De Carvalho v. . Brunner Page 1181 The plaintiffs in this” action seek to recover damages for the death of Luiz da Cunha Carvalho who was struck and killed by a truck owned by the defendant Brunner.… Wolcott v. Renault Selling Branch, Inc. Page 1182 At noon on May 10, 1915, Charles A. Wolcott attempted to.… O'Brien v. . Stern Brothers Page 1183 As the affirmance in this case was by a divided court, we are obliged to determine whether there was any evidence upon which to base the recovery for .the plaintiff.… Beatty v. . Guggenheim Exploration Co. Page 1184 The plaintiff in this action alleged that he and the defendant Oscar B.… The relator was convicted in the Court of General Sessions of the county of New York of the crime of assault.- He was sen- *389 fenced to an indeterminate term of imprisonment under the provisions of chapter 579 of the Laws of 1915, commonly known as the Parole Commission Act.… Manson v. . Curtis Page 1186 The action is to recover the damages arising to the plaintiff by reason of the acts of the defendant.… S. C. Posner Co. v. Jackson Page 1187 The sufficiency- of the complaint is challenged.… Orr v. . Doubleday, Page Co. Page 1188 The action is to recover rent accruing through the months of November and December, 1914, and January, 1915.… Matter of Hynes v. . Pullman Co. Page 1189 On May 5, 1916, Dennis E. Hynes wounded his finger with a tack while engaged as a car cleaner.… The value of railroad property depends to a very large extent upon the business done by the railroad corporation.… Matter of Erickson v. . Preuss Page 1191 On the 16th day of August, 1916, the claimant was employed by one Max Preuss in a laundry operated by him.… Claim of Littler v. George A. Fuller Co. Page 1192 Littler, the claimant, was a bricklayer. At the time he was hurt he was working for George A.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Claim of Redner v. H. C. Faber & Son Page 1194 The industrial commission has awarded Georgiana Alice Redner compensation for damages sustained by the death of her husband, Charles W.… Kahlen v. . State of New York Page 1195 This claim arose upon the appropriation by the state of New York for the purpose of acquiring a portion of the site for the construction of a port of call, as directed by the Barge Canal Terminal Act (Chapter 746 of the Laws of 1911), of certain lands and the riparian rights appurtenant thereto located in the twelfth… McKeon v. . Van Slyck Page 1196 George Brown, a resident of Dutchess county, was a bachelor.… Sabine v. . Paine Page 1197 The action is upon a promissory note in the sum of twenty-one hundred dollars, made by the defendant and owned by the plaintiff.… People v. . Cohen Page 1198 Upon an appeal from a conviction of murder in the first degree but'two questions- are presented to us.… John D. Wendel died in 1876 leaving his son John G.… The relator is the owner and publisher of a paper known as the Lackawanna Journal.… Matter of Modra v. . Little Page 1201 August 29th, 1916, the claimant while engaged in the regular course of his employment as a painter fell from an upright ladder and sustained a compound fracture of the left leg and bruises.… People v. . Fisher Page 1202 The defendant was convicted of grand' larceny in the first degree.… Striker v. . Daly Page 1203 Joseph M. L. Striker died in 1883. By his will he directed his executors to pay his debts as soon as “ conveniently can be done.” Next he bequeathed to a friend two thousand dollars, “to be paid him in five annual payments of four hundred dollars each out of the rents to be collected ” from his real estate, and gave “… Heffron v. . N.Y.C. H.R.R.R. Co. Page 1204 The plaintiff tripped over a wire hung from posts in that part of the grounds surrounding the Canastota depot which is devoted to a grass and flower plot, and sustained personal injuries.… Rose v. . Balfe Page 1205 About eight o’clock on the night of March 24th, 1914, plaintiff’s intestate was struck by an automobile owned by the defendant, which was at the time being driven by one Drenning, a chauffeur employed by defendant.… Horan v. . Hastorf Page 1206 This is an action to recover damages for death alleged to have been caused by defendant’s negligence.… In March, 1886, Griffith Evans, the plaintiff’s testator, became a member of the defendant Supreme Council of the Royal Arcanum, a fraternal benefit society.… McGowin v. . Menken Page 1208 Frank B. Tesson and his wife, Alice E., were lost at sea on the 7th of May, 1915, when the Lusitania was sunk.… Knowles v. . N.Y., N.H. H.R.R. Co. Page 1209 The Appellate Division has reversed a judgment in favor of the plaintiff and dismissed the complaint on the ground that the evidence would not justify a finding that one Charles E.… People v. . Carey Page 1210 The defendant, a youth of nineteen years, has been convicted of the crime of rape.… Schwarz v. . E. Regensburg Sons Page 1211 Judgment affirmed, with costs; no opinion.… McGuinness v. . Rodgers Hagerty, Inc. Page 1212 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion; Concur: His cock, Ch.… Herrman v. . Jeffe Page 1214 Judgment affirmed, with costs; no opinion.… Kratka v. . Boston and Maine Railroad Page 1215 *525 Judgment affirmed, with costs; no opinion.… Knight v. . Brown Page 1216 Appeal dismissed, with costs; no opinion.… Judgment affirmed, without costs; no opinion*.… O'Connor v. . Loesch Page 1218 Judgment affirmed, with costs; no opinion.… Longworth v. . Longworth Page 1219 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Dickey v. . Gortner Page 1221 Appeal dismissed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Finkelstein v. . Punie Page 1223 Appeal dismissed, with costs, on the ground that no judgment has been entered upon the order of the Appellate Division from which an appeal can be taken; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Green v. . Waddington Page 1226 Judgment affirmed, with costs; no opinion.… Doctor v. . Manice Page 1227 Judgment affirmed, with costs; no opinion.… People v. . Boyce Page 1228 Judgment affirmed; no opinion. Concur: His cock, Ch.… Grafton v. . Ball Page 1229 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Peck v. . Burdick Son Page 1231 Judgment affirmed, with costs; no opinion.… Vroman v. . Fish Page 1232 Judgment affirmed, with costs; no opinion.… Beever v. . Buck Page 1233 Judgment affirmed, with costs; no opinion.… Jones v. . National Surety Company Page 1234 Judgment affirmed, with costs; no opinion.… Wallace v. . Village of Canandaigua Page 1235 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Simpson v. . Stallo Page 1236 Judgment affirmed, with costs; no opinion.… Fraszak v. . Erie Railroad Company Page 1237 Judgment affirmed, with costs; no opinion.… Butler v. . the City of New York Page 1238 Judgment affirmed, with costs; no opinion.… Evans v. . Carroll Page 1239 Order affirmed, with costs, on the ground that chapter 10 of the Laws of 1898 is still in full force and effect; no opinion.… Judgment affirmed, with costs; no opinion.… People Ex Rel. Rockwell v. . Hoffman Page 1241 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Judgment affirmed, with costs; no opinion.… Shearman v. . State Page 1243 Judgment affirmed, with costs; no opinion.… Nevins v. . Heckscher Page 1244 Judgment affirmed, with costs; no opinion.… Roessle v. . Roessle Page 1245 Judgment affirmed, with costs; no opinion.… Vose v. . Conkling Page 1246 Judgment affirmed, with costs; no opinion.… Raftery v. . Carter Page 1247 Judgment affirmed, with costs; no opinion.… Bove v. . the City of Rome Page 1248 Judgment affirmed, with costs; no opinion.… Behrmann v. . Seybel Page 1249 Motion denied, with ten dollars costs. Vetault v. . Kennedy Page 1250 Motion denied, with ten dollars costs. Ferguson v. . R.H. Sellers Company Page 1251 Motion granted and appeal dismissed, with costs and ten dollars costs of motion.… Motion denied, with ten dollars costs. People v. . Giddings Page 1253 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Ackerman v. . Fifth Avenue Coach Company Page 1254 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Ackerman v. . Fifth Avenue Coach Company Page 1255 Motion granted and appeal dismissed, with costs. Doonan v. . Killilea Page 1256 Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Gibbs v. . Arras Brothers, Inc. Page 1257 Motion for re-argument denied, with ten dollars costs and printing disbursements.… Matter of Murphy v. . Sisson Page 1258 Order affirmed, with costs, on authority of Matter of Hickey v. Sisson (223 N.… People Ex Rel. Merritt v. . Tuthill Page 1259 Order affirmed, with costs, on authority of Matter of Hickey v. Sisson (223 N.… Matter of Gaignat v. . Sisson Page 1260 Under chapter 623 of the Laws of 1917 the town commission for the town of Hempstead has allotted nine liquor tax certificates to the village of Rockville Center.… Order affirmed, without costs; no opinion.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Appeal dismissed, with costs, on the ground that the question certified is not presented by the record; no opinion.… Matter of Schneider Page 1264 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Naud v. . King Sewing Machine Company Page 1265 Order affirmed, with costs; first question certified answered in the negative; second question certified answered in the affirmative; no opinion.… Boyce v. . Greeley Square Hotel Company Page 1266 Motion denied, with ten dollars costs. Plymouth Rubber Company v. . Goldstein Page 1267 Motion for re-argument denied, with ten dollars costs.… Matter of Benjamin v. . Rosenberg Bros. Page 1268 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order of Appellate Division reversed and determination of the state industrial commission affirmed, with costs in the Appellate Division and in this court, on the authority of Shanks v. D., L.… Order affirmed, with costs, and claim dismissed on the ground that the deceased was an independent contractor; no opinion.… Matter of Lahm Page 1272 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Judgment affirmed, without costs; no opinion.… Matter of Goldschmidt v. . Hardy Page 1274 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs, and question certified answered in the negative; no opinion.… Rothbarth v. . Herzfeld Page 1276 Order affirmed, with costs, and question certified answered .in the affirmative; no opinion.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… In Re the Accounting of Loser Page 1278 Order affirmed, without costs; no opinion.… Matter of Daggett Page 1279 *581 Order affirmed, with costs; no opinion.… In Re the Accounting of Gwynne Page 1280 Order affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Cardozo, Pound and Andrews, JJ.… Matter of Ruef Page 1281 Order affirmed, with costs payable out of the estate; no opinion.… Order affirmed, with costs; no opinion. Concur: HISCOCK, Ch.… People v. . Ramsey Page 1283 Appeal dismissed; no opinion. Concur: His cock, Ch.… Stern v. . Romberg Page 1284 Judgment affirmed, with costs; no opinion.… Lux v. . Horton Page 1285 Judgment affirmed, with costs; no opinion.… Leary v. . City of Watervliet Page 1286 Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… We see no reason for recalling the remittitur in either of the above cases.… People v. . Bergstrom Page 1288 Motion granted. *590 Judgment affirmed, with costs; no opinion.… Brown v. . Crossman Page 1290 Judgment affirmed, with costs. The errors in the admission of evidence are disregarded as not affecting the substantial rights of the appellants (Code Civ.… Denton v. . Morgan Page 1291 Judgment affirmed, with costs; no opinion.… D'Utassy v. . Mallory Steamship Company Page 1292 Order affirmed, with costs, and question certified answered in the affirmative; no opinion.… Red Eagles, Supreme Council v. . Regan Page 1293 Judgment affirmed, with costs; no opinion.… McNeilly v. . Lackawanna Bridge Company Page 1294 Judgment affirmed, with costs; no opinion.… Tynan v. . City of New York Page 1295 Judgment affirmed, with costs; no opinion.… Dunbar v. . the City of New York Page 1297 Judgment affirmed, with costs on opinion of Shearn, J., below.… Strauss v. . the City of New York Page 1298 Judgment affirmed, with costs; no opinion.… Weil v. . the City of New York Page 1299 Judgment affirmed, with costs, on opinion of Page, J., below.… Judgment affirmed, with costs; no opinion.… Miller v. . Cavana Page 1301 Judgment affirmed, with costs, on the ground that chapter 272 of the Laws of 1915, so far as it attempts to confer municipal powers on the area or territory of Sylvan Beach is unconstitutional (People ex rel.… Northern Bank of New York v. . Fullerton Page 1302 Judgment affirmed, with costs; no opinion.… Gould v. . Fleitmann Page 1303 Judgment affirmed, with costs; no opinion.… Born v. . Perkins Page 1304 Judgment affirmed, with costs, on opinion of Woodward, J., below.… Judgment affirmed, with costs; no opinion.… Smith v. . the City of New York Page 1306 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Bennett v. . Chayes Page 1308 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Hopkins v. . the State of New York Page 1310 Judgment affirmed, with costs; no opinion.… Murphy v. . MacKey Page 1311 Judgment affirmed, with costs; no opinion.… Gilpin v. . Ruppert Page 1312 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; n,o opinion.… People v. . Ostransky Page 1313 Judgment of conviction affirmed; no opinion.… McNichol v. . Sliney Page 1314 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Hogan and Crane, JJ.… Judgment affirmed, with costs; no opinion.… Carroll v. . Fowler Page 1320 Judgment affirmed, with costs; no opinion.… Hunter v. . the City of New York Page 1321 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. People Ex Rel. Riesenberg v. . Conway Page 1322 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. In Re the Objections of Carrick Page 1323 Order affirmed. The constitutionality of chapter 624 of the Laws of 1917 cannot be tested by a proceeding instituted under section 9 of that act which provides only for contesting the validity, sufficiency or legality of the petition in the manner provided by the Election Law as though such petition were a certificate… Behrmann v. . Seybel Page 1324 Judgment affirmed, with costs; no opinion.… Roe v. . Mills Page 1325 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Union Bank of Brooklyn v. . Fleitmann Page 1328 Judgment affirmed, with costs; no opinion.… Lovas v. . International Railway Company Page 1329 Judgment affirmed, with costs; no opinion.… Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Rich, J., below.… St. John v. . Olmsted Page 1331 Judgment affirmed, with costs; no opinion.… Fernandez v. . Murray Page 1332 Judgment affirmed, with costs; no opinion.… Maloney v. . Levy Gilliland Company Page 1333 Judgment affirmed, with costs; no opinion.… Judgment in each case affirmed, with costs; no opinion.… Cognetta v. . Fishel Page 1335 Judgment affirmed, with costs; no opinion.… Matter of Maltbie Page 1336 Order of Appellate Division reversed and proceeding dismissed, with costs in all courts.… Bamberger v. . Cantor Page 1337 Judgment affirmed, without costs; no opinion.… Herrman v. . Jeffe Page 1338 Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Matter of Loser Page 1339 Motion for re-argument denied, with ten dollars costs.… Matter of Morrissey v. . Duffey Page 1340 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. People v. . Hart Page 1341 Judgment of conviction affirmed; no opinion.… McLoughlin v. . the City of New York Page 1342 Judgment affirmed, with costs; no opinion.… The City of New York v. . Masten Page 1343 Judgment affirmed, with costs; no opinion.… Zucker v. . Whitridge Page 1344 *640 Judgment affirmed, with costs; no opinion.… People v. . Lischuk Page 1345 Judgment of conviction affirmed; no opinion.… Lieberman v. Van Gaasbeek Page 1346 Judgment affirmed, with costs; no opinion.… Duryea v. . Knapp Page 1347 Judgment in each case affirmed, with costs; no opinion.… *645 Judgment affirmed, with costs; no opinion.… The City of New York v. . Clarke Page 1349 Judgment affirmed, with costs; no opinion.… Williamson v. . the City of New York Page 1350 Judgment affirmed, with costs; no opinion.… Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Lilley v. . the Town of Tompkins Page 1352 Judgment affirmed, with costs; no -opinion.… Elmhorst v. . Maziroff Page 1353 *650 Judgment affirmed, with costs; no opinion.… People v. . Zanni Page 1354 Judgment affirmed; no opinion. Concur: CHASE, HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ. People v. . Axelsen Page 1355 Judgment affirmed on the ground that pregnancy is not a material element of the crime of abortion under subdivision 2 of section 80 of the Penal Law (Commonwealth v. Taylor, 132 Mass.… Hardin v. . Robinson Page 1356 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Fosdick v. . Metal Shelter Co., Inc. Page 1358 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. . Cohen Page 1360 Judgment affirmed; no opinion. Concur: Chase, Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Judgment affirmed, with costs to defendant copper companies; no opinion.… People v. . Briggs Page 1362 Judgment of conviction affirmed; no opinion.… People v. . Smorack Page 1363 Judgment affirmed; no opinion. Concur: CHASE, HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ. Motion denied, with ten dollars costs. Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion granted on payment of costs and ten dollars costs of motion, otherwise denied, with ten dollars costs.' Murphy v. . MacKey Page 1367 Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… People Ex Rel. Hirschberg v. . Seeger Page 1368 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. In Re Proving the Will of Gleason Page 1369 Motion denied, with ten dollars costs. Arnow v. . Carmel Realty Company Page 1370 Motion denied. Matter of Schneider Page 1371 Motions granted and remittitur amended so as to state: “ Upon the argument of this cause in the Court of Appeals the counsel for the appellant Peltz, and for the appellant Schneider, each presented the point that the decision of the Appellate Division involved a denial of the rights of each appellant under article 1… Motion granted. Begen v. . Pettus Page 1373 The refusal of the trial court to find that on May 21, 1903, the date to which the closing of title to the premises described in the agreement referred to in the complaint was adjourned, the defendants did not have title to, and were not able to convey, a good and marketable title to the portion of the land under the… The order of the Appellate Division reversing the order of the Special Term, entered July 11, *665 1917, should be reversed, with costs, and question certified answered in affirmative, and case remitted to the Appellate Division for consideration on the merits in accordance with opinion of Chase, J., handed down… Judgment affirmed, with costs; no opinion.… People Ex Rel. Kohler v. . Kidney Page 1376 Order affirmed; no opinion. Concur: Hiscock, Ch.… Matter of Merrill v. . Parsons Page 1377 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… *669 Order affirmed, with costs; no opinion.… Matter of Hopper Page 1379 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Matter of Ihrig v. . Williams Page 1380 Order affirmed, with costs;' no opinion. Concur: His cock, Ch.… Order in each proceeding affirmed, with costs of one appeal; no opinion.… In Re the Accounting of Daly Page 1382 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… H.M. Weill Company v. . Creveling Page 1383 Judgment affirmed, with costs; no opinion.… Frankenberg v. . Perlman Page 1384 Order affirmed, with costs; first question certified answered in the affirmative; second question in the negative; no opinion.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Dickey v. . Gortner Page 1386 Motion for re-argument denied. (See 223 N.Y.… In Re the Accounting of Phipard Page 1387 Order affirmed, with costs payable out of the estate;, no opinion.… In Re the Will of Briggs Page 1388 Order of Appellate Division modified by striking out the modification of the decree of the surrogate and as so modified affirmed, with costs to appellant Briggs and one bill of costs to respondents, all payable out of the estate; no opinion.… People Ex Rel. Legget v. . Fetherston Page 1389 Appeal dismissed, with costs; no opinion.… Ritzwoller v. . Lurie Page 1390 Appeal dismissed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback and McLaughlin, JJ.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs.; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… *689 Order affirmed,- with costs; no opinion.… Matter of Solomon v. . Bonis Page 1400 Order affirmed, with costs, against the state industrial commission; no opinion.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Miller v. . the State of New York Page 1402 Order affirmed, with costs; no opinion. Concur: His cock, Ch.… People v. . Green Page 1403 Judgment of conviction affirmed under section 542 of the Code of Criminal Procedure; no opinion.… People v. . Stapler Page 1404 Judgment affirmed; no opinion. Cóncur: Hiscock, Ch.… Doratio v. . Jackson Page 1405 Judgment affirmed, with costs; no opinion.… Spain v. Van Norden Page 1406 Judgment affirmed, without costs; no opinion.… Moore v. . Brunn Page 1407 Judgment affirmed, with costs; no opinion.… McLean v. . McLean Page 1408 Judgment affirmed, with costs payable out of the estate; no opinion.… Spring v. . Conklin Page 1409 Judgment affirmed, with costs; no opinion.… Townsend v. . Hirshkind Page 1410 Judgment affirmed, with costs; no opinion.… Doscher v. . Obermeyer Liebmann Page 1411 Judgment affirmed, with costs; no opinion.… Orr v. . Doubleday, Page Company Page 1412 Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Fosdick v. . Metal Shelter Company, Inc. Page 1413 Motion denied, with ten dollars costs. The question whether the statute is violative of the Constitution has not been considered for the reason the question was not raised :n the court below. Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… The New York Trust Company v. . Black Page 1416 Judgment affirmed, with costs to plaintiff and to the guardian ad litem payable out of the trust fund; no opinion.… McCullough v. . Campion Page 1417 Judgment affirmed, with costs; no opinion.… Willex v. . City of Syracuse Page 1418 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Benedict v. . Levi Page 1420 Judgment affirmed, with costs; no opinion.… Wheeler v. . Terry Tench Company Page 1421 *709 Judgment reversed and new trial granted, with costs in all courts to abide event, on dissenting opinion of Shearn, J., below.… Doremus v. . Auerbach Page 1422 Judgment affirmed, with costs; no opinion.… People v. . Berg Page 1423 Judgment of conviction affirmed; no opinion.… Judgment affirmed, with costs; no opinion.… Tiffany Studios v. . Seibert Page 1426 Judgment affirmed, with costs; no opinion.… Appeal dismissed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Gurland v. . C.W.L. Realty Company Page 1429 Judgment affirmed, with costs; no opinion.… Deebach v. . Robert Gair Company Page 1430 Judgment affirmed, with costs; no opinion.… Greene v. . Fitzgerald Page 1431 Judgment affirmed, with costs; no opinion.… *720 Judgment affirmed, with costs; no opinion.… Falletta v. . Sixty Wall Street Page 1433 Judgment affirmed, with costs; no opinion.… Richards v. . Ackerman Page 1434 Judgment affirmed, with costs; no opinion.… First National Bank of Bath v. . Sturgis Page 1435 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… McCale v. . New York State Railways Page 1437 Judgment affirmed, with costs; no opinion.… Whitehead v. . Polk Page 1438 Judgment affirmed, with costs, on opinion of Shearn, J.,.… Judgment affirmed, with costs; no opinion.… Miller v. . Campbell Page 1440 Judgment affirmed, without costs; no opinion.… Wright v. . State of New York Page 1441 In the years 1893-1894 the season of navigation on the Erie canal opened May first and *46 closed December first.… Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Hartley v. . Eagle Insurance Co. Page 1443 In 1901 the plaintiff became vested with an equal undivided one-fourth interest in remainder, amounting to at least $43,750, in the estate of his grandfather, subject, however, to the life interest therein of his grandmother In July, 1905, in consideration of a loan of $9,500, he assigned to the defendant, through a… Fulton v. . Canno Page 1444 In November, 1911, the parties to this action entered into a contract by which the plaintiff, the owner of a creamery, agreed to sell to the defendants, and they agreed to purchase, for one year beginning December 1,1911, and ending December 1,1912, skimmed milk at twenty-three cents per can of forty quarts.… People v. . Sanger Page 1445 Section 1142 of the Penal Daw, among other things, makes it a misdemeanor for a person to' sell, or give away, or to advertise or offer for sale, -any instrument or article, drug or medicine, for the prevention of conception; or to give information orally, stating when, where or how such an instrument, article or… Barnet v. . N.Y.C. H.R.R.R. Co. Page 1446 On March 26, 1913, the plaintiffs shipped a carload of goods over the defendant's road from Rensselaer, New York, to a point in Maine.… American Hardware Corp. v. . Lyttle Page 1447 This is an action for the foreclosure of mechanics’ liens.… Utica City National Bank v. Gunn Page 1448 This action is brought upon a guaranty signed by the defendant and others in the following form.: *206 “ Articles of Agreement this 12th day of December, 1912, between The Utica City National Bank of Utica, Oneida County, State of New York, party of the first part, and the Utica Pipe Foundry Company, party of the… The driver of the defendant left his horse alone and untied in a gangway leading directly to a much-used passenger platform of the Delaware, Lackawanna and Western Railroad Company under circumstances that would justify the jury in characterizing the act as negligent.… On the twenty-eighth of December, 1912, the plaintiff was discharged from the defendant’s employ.… In Re the Will of Fowles Page 1451 The will of Charles Frederick Fowles, made on April 29, 1915, is before us for construction.… Cornwell v. . Sanford Page 1452 The action is to recover moneys alleged to be owing by the defendant as rent for real estate.… Faber v. . City of New York Page 1453 On October 28, 1896, the commissioners of the new East river bridge entered into a contract with Patrick H.… City of New York v. . Union News Co. Page 1454 Section 825 of the Greater New York charter authorizes the commissioner of docks of the city of New York in the name of and for the benefit of the corporation, to lease any or all of the wharf property of the city.… Wigand v. . Bachmann-Bechtel Brewing Co. Page 1455 The defendant, a corporation engaged in the business of brewing beer, produced as a by-product a large quantity of wet grains of little value.… Levison v. . Illinois Surety Co. Page 1456 At the times herein mentioned the plaintiffs were doing business as copartners under the name of Commercial Trades Company in loaning money on accounts.… Hanna v. Florence Iron Co. of Wisconsin Page 1457 This action was brought to recover damages for an alleged breach of a contract to deliver iron ore and we think that the judgment recovered therein must be reversed.… This action is one in equity and since final -judgment was rendered upon the allegations *308 of the complaint for failure of defendants to plead over after their demurrers had been overruled by an interlocutory judgment,- we are concerned solely with the allegations of such complaint as a basis for relief.… Cannon v. . Fargo Page 1459 The plaintiff was a gate tender, for the New York Central and Hudson River Railroad Company at the public crossing immediately below the station at Staatsburg in Dutchess county.… Gibbs v. . Arras Brothers Page 1460 In June, 1914, the plaintiff and a companion were refused in the liquor saloon of the defendant, drinks, respectively, of beer and gin, because they were colored men.… Leary v. . City of Watervliet Page 1461 In 1913 the city of Watervliet by its sewer commission, appointed pursuant to chapter 457 of the Laws of 1911, advertised for sealed proposals for the completion of two dams, conduits, storm drains and appurtenances pursuant to plans and specifications on file in the office of the commission.… This action was brought to recover rent for some barges leased by the plaintiff to the defendant.… Woolley v. . Stewart Page 1463 The action is to compel the specific performance of an oral agreement on the part of Horatio S.… Matter of Atterbury Page 1464 Leon F. Pettit was killed by the negligence of a railroad company.… The state industrial commission decided that Julia De Hart, an employee of the appellants, died from injuries received under conditions making the Workmen’s Compensation Law applicable, and left surviving her no person entitled under the law to compensation.… This appeal involves the question of interest to be paid on an award in street closing proceedings instituted under chapter 1006 of the Laws of 1895, and the respective dates of certain steps in that proceeding become important in the consideration and determination of the question presented to us.… Bloomquist v. . Farson Page 1467 These two actions have been tried together as the facts are the same in both.… Matter of Grieb v. . Hammerle Page 1468 The award is for death benefits to the widow and minor child of one Grieb, an employee .… People Ex Rel. Doscher v. . Sisson Page 1469 The relator, Henry J. Doscher, instituted this proceeding, in certiorari, under the authority of section 27, subdivision 1, of the Liquor Tax Law (Cons.… Doonan v. . Killilea Page 1470 By the complaint, which was sustained on demurrer, the plaintiffs seek to recover for the breach of a covenant against incumbrances contained in a deed made and delivered to them by the defendants.… Flickinger v. . Glass Page 1471 This is an action to foreclose a vendee’s lien.… Race v. . Krum Page 1472 This action was brought to recover damages for personal injuries alleged to have resulted from the consumption by plaintiff of unwholesome and poisonous ice cream sold to him by defendant.… People v. . Beakes Dairy Co. Page 1473 This is an action to recover judgment against defendant for two hundred and ninety-eight penal, ties of one hundred dollars each for buying milk or cream within the state from certain producers for the purpose of shipping the same to New York city for consumption or manufacture without having been duly licensed as… Beltz v. . Buffalo, R. P. Ry. Co. Page 1474 The plaintiff and his child, a girl about eight years of age, were passengers on a train of the defendant’s railroad.… Conway v. . Naylor Page 1475 This is a master and servant case brought under the Employers’ Liability Act.… Section 40 of the Civil Rights Law (Laws of 1909, ch.… The plaintiff’s assignor made a contract with the defendant for the sale of films for moving pictures.… People Ex Rel. Woronoff v. . Mallon Page 1478 ■ The relators were held upon a warrant isstied out of the Magistrates’ Court in the city of Bew York charging them with the crime of grand larceny by false’pretenses under sections 442 and 947 of the Penal Law.… The only question involved on this appeal is the power of the defendant to charge an extraordinary assessment of $520 against the certificate of insurance held by the plaintiff as a member of the society.… Francey v. . Rutland R.R. Co. Page 1480 The plaintiff was employed by defendant as a locomotive engineer and on the 25th of March, 1911, while running the locomotive was injured by an explosion.… Cream of Wheat Co. v. . Crist Co. Page 1481 The plaintiff is a manufacturer of cereal products.… People Ex Rel. Fitzgerald v. . Voorhis Page 1482 At the general election held November 7, 1916, John J.… Stiebel v. . Lissberger Page 1483 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. . Davis Page 1487 Judgment affirmed; no opinion. Concur: Hiscock, Ch.… Josephson v. . Ginsburg Realty Company Page 1488 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Schoneberger v. . Fey Page 1490 Judgment affirmed, with costs; no opinion.… People v. . Sieke Page 1491 *612 Judgment affirmed; the question of constitutional law argued by appellant was not raised on the trial; no opinion.… People v. . Cerulli Page 1492 Judgment affirmed under the provisions of section 542 of the Code of Criminal Procedure; no opinion.… Orth v. . Kaesche Page 1493 -Judgment affirmed, with costs, on ground that there was evidence to sustain the finding of the Appellate Division that the assignments of plaintiffs were obtained by misstatements and false representation; no opinion.… Paulson v. . Jesse v. Palmer Company Page 1494 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Curran v. . Oppenheimer Page 1496 Judgment affirmed, with costs; no opinion.… Brinley v. . Nevins Page 1497 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with, costs to each respondent who appeared and filed a brief; no opinion.… Judgment affirmed, with costs, on opinion of McLaughlin, J., below.… Aaron v. . Black Page 1501 Judgment affirmed, with costs; no opinion.… People v. . Burns Page 1502 Judgment affirmed on the ground that the defendant did not publish private papers within the meaning of section 553 of the Penal Law; no opinion.… Judgment affirmed, with costs; no opinion.… United Transportation Company v. . Hass Page 1504 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Haakenson v. . Goelet Page 1507 Judgment affirmed, with costs; no opinion.… Amoroso v. . the Fruit Auction Company Page 1508 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Toole v. . the City of Syracuse Page 1510 Judgment affirmed, with costs; no opinion.… Toole v. . City of Syracuse Page 1511 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… St. John v. . Reiss Page 1512 Judgment affirmed, with costs; no opinion.… Buchanan v. . Evento Page 1513 Judgment affirmed, with costs; no opinion.… Order affirmed and , judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… M.M. Fenner Company v. . McKay Page 1515 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Stern v. . New York State Railways Page 1517 *636 Judgment affirmed, with costs,. under section 1317 of the Code of Civil Procedure; no opinion.… People v. . Gee Page 1518 Judgment affirmed; no opinion. Concur: Chase, Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ. Judgment affirmed, with costs; no opinion.… Schnitzler v. . Waldes Page 1520 Judgment affirmed, with costs; no opinion.… Fariello v. . Murray Page 1521 Judgment affirmed, with costs; no opinion.… Southee v. . Binghamton Railway Company Page 1522 Judgment affirmed, with costs; no opinion.… Wheeler v. . Town of Barker Page 1523 Judgment affirmed, with costs, no opinion.… Fosdick v. . Metal Shelter Company, Inc. Page 1524 Motion denied, with ten dollars costs and necessary printing disbursements. Judgment modified in accordance with opinion in Trustees of Presbytery v. Westminster Presbyterian Church (222 N.… Wood v. . Lucy, Lady Duff-Gordon Page 1526 Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Furlong v. . Winne McKain Company Page 1527 Motion granted, with costs and ten dollars costs of motion, unless appellant within five days files stipulation for judgment absolute in accordance with the provisions of the Code of Civil Procedure, in which case motion is denied. Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Order affirmed, with costs; no opinion. Concur: His cock, Ch.… Matter of Berg v. . Hetzler Brothers Page 1531 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Matter of Hennessey v. . Markendorf Page 1533 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order affirmed, with costs to defendants, respondents, against plaintiffs, appellants, and American Surety Company, and with costs to said plaintiffs and surety company against appellant Mutual Life Insurance Company; no opinion.… Order affirmed, with costs, on opinion in Matter of State Industrial Comm.… People Ex Rel. Tuthill v. . Howell Page 1538 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… In Re the Accounting of Connor Page 1539 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order affirmed; no opinion. Concur: Hiscock, Ch.… Edwards v. . People Page 1541 Appeal dismissed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… In Re the Probate of Will of Sweeny Page 1544 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Order in each case affirmed, with costs of one appeal; no opinion.… Order affirmed, with costs; no opinion. 'Concur: His cock, Ch.… In Re the Tax Upon the Estate of Hart Page 1547 Order affirmed, with costs; no opinion. Concur: Hiscock, Ch.… Judgment affirmed, with costs; no opinion.… *663 Judgment affirmed, with costs; no opinion.… Quick v. . Purvis Page 1550 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Vogel v. . International Railway Company Page 1552 Judgment affirmed, with costs; no opinion.… Pharaoh v. . Benson Page 1553 Judgment affirmed without costs; no opinion.… People v. . Linton Page 1554 Motion denied on condition that within thirty days after decision of motion for new trial, appellant complete record on appeal and serve copies of brief. Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. . Kushnieruk Page 1558 Judgment of conviction affirmed; no opinion.… Syenite Trap Rock Company v. . Williams Page 1559 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Meng v. . Meng Page 1562 Judgment affirmed, with costs; no opinion.… Weaver v. . Traver Page 1563 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People Ex Rel. Fiske v. . Bantz Page 1565 The inspectors made their return on a printed form furnished to them as provided by statute, and such return is complete and does not bear evidence of any clerical error existing therein.… People Ex Rel. Fiske v. . Anderson Page 1566 Order affirmed; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Fiske v. . Schum Page 1567 Order affirmed; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Fiske v. . Bantz Page 1568 Order affirmed; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Fiske v. . Bantz Page 1569 Order affirmed; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Fiske v. . Schum Page 1570 Order affirmed; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Fiske v. . Schum Page 1571 Order affirmed; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Fiske v. . Anderson Page 1572 Order affirmed; no opinion. Concur: Hiscock, Ch.… People Ex Rel. Fiske v. . Anderson Page 1573 Order affirmed; no opinion. Concur: His cock, Ch.… Matter of Fiske Page 1574 Orders reversed in so far as they direct mandamus to issue to canvass and count the McCarthy vote, otherwise the order of the Appellate Division affirmed; no opinion.… People Ex Rel. Fiske v. . Owen Page 1575 *690 Order affirmed; no opinion. Concur: Hiscock, Ch..… People Ex Rel. Fiske v. . Tietjen Page 1576 Order of Appellate Division affirmed; no opinion.… Matter of Sebring Page 1577 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. The action was for libel. A verdict was found by the jury for the plaintiff.… The decision by the Appellate Division in this case was made before our decision in International Text Book Co. v. Tone (220 N.… Reed v. . Belnord Realty Company Page 1580 A motion was entertained by the judge who presided at the Trial Term upon his minutes to set aside the verdict of the jury and for a new trial “ upon the exceptions and because said verdict was contrary to law, contrary to the evidence, against the weight of evidence and for excessive damages.” The motion was granted.… Conway v. . the Farish-Stafford Company Page 1581 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs' in all courts; no opinion.… MacAuley v. . Press Publishing Company Page 1582 Judgment affirmed, with costs; no opinion.… Fagan v. . Ulrich Page 1583 Judgment affirmed, with costs; no opinion.… Sibel v. . Sibel Page 1584 Judgment affirmed, with costs; no opinion.… Mathews v. . Trowbridge Page 1585 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Plymouth Rubber Company v. . Goldstein Page 1587 Judgment affirmed, with costs; no opinion.… Therasson v. . Thompson Page 1589 *704 Judgment affirmed, with costs; no opinion.… Ingalls v. . Erie Railroad Company Page 1590 Judgment affirmed, with costs; no opinion.… Day v. . the City of Dunkirk Page 1591 Judgment affirmed, with costs; no opinion.… Cramer v. . Brownell Page 1592 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Matter of McGee v. . Goff Page 1594 Appeals dismissed; no opinion. Concur: Hiscock, Ch.… Motion denied, with ten dollars costs. Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Pratt v. . City of Schenectady Page 1600 Motion denied, with ten dollars costs. The application of relator for an alternative writ of mandamus having come on to be heard as a contested motion (Code Civ.… People v. . Stoppani Page 1602 Judgment affirmed; no opinion. Concur: Hiscock, Ch.… Judgment affirmed, with costs; no opinion.… Kane v. . Erie Railroad Company Page 1604 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Regan v. . the City of New York Page 1609 Judgment affirmed, with costs; no opinion.… *720 Judgment affirmed, with costs; no opinion.… Amanna v. . the Village of Mount Kisco Page 1611 Judgment affirmed, with costs; no opinion.… Schultz v. . McCrea Page 1612 Judgment affirmed, with costs; no opinion.… People Ex Rel. Peck v. . Voorhis Page 1613 Order affirmed, on authority of People ex rel.… Matter of White v. . Voorhis Page 1614 *723 Order affirmed, on authority of People ex rel.… Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Motion for re-argument denied, with ten dollars costs and necessary printing disbursements.… Hickok v. . Gantley Page 1617 Motion granted and appeal dismissed, with costs, and ten dollars costs of motion. McCalmont v. . Farson Page 1618 Motion granted. Judgment affirmed, with costs; no opinion.… Duffey v. . Charles T. Wills, Inc. Page 1620 Judgment affirmed, with costs; no opinion.… Davis v. . International Railway Company Page 1621 Judgment affirmed, with costs; no opinion.… In Re the Accounting of Canfield Page 1622 Order affirmed, with costs; no opinion. Concur: His cook, Ch.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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