Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,195 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
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.
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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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16
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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18
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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23
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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36
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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47
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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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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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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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
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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80
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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81
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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84
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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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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92
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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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
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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All reporters › ny-lexis › Volume 1930 Opinions in ny-lexis, volume 1930
McClelland v. Climax Hosiery Mills Page 631 The complaint alleges that on April 19, 1926, the plaintiff and defendant entered into a written contract in which it was agreed that the plaintiff was to *350 have charge of the sales of the defendant at a salary of $12,000 a year for the balance of the year and for the year 1927; that the contract was carried out… Donemar, Inc. v. Molloy Page 632 Briefly stated, the claim of the plaintiff is that defendant Molloy corrupted defendant Cafferky, an employee of plaintiff, when acting for his employer in the adjustment of a disputed claim for merchandise sold which Molloy had against plaintiff, with the result that plaintiff was induced to pay $57,500 in settlement… In Re the Accounting of Brown Page 633 Romaine Brown, of Yonkers, N. Y., died on November 5, 1924, ninety-one years of age.… The testator left an estate of over $2,500,000 in value.… People v. Johnson Page 635 Defendant was arrested on April 6, 1929, on a charge of vagrancy under Code of Criminal Procedure, section 887, subdivision 4 (prostitution), tried in the Recorder’s Court of the city of Newburgh, found guilty and sentenced under Code of Criminal Procedure, section 891-a, for an indeterminate period, not to exceed… The claimant, a resident of Canada, was injured while operating a gasoline engine át a sand pit situated at Dundee in the Dominion of Canada, near the boundary of the State of New York.… O'Tier v. Sell Page 637 The complaint alleges that the plaintiff was injured in the county of Onondaga, State of New York, in a collision with an automobile owned by the defendant Sell and operated by Karl It.… Kittredge v. Langley Page 638 The action is in equity against the special partner in a limited partnership to charge him with liability to the extent of his capital contribution withdrawn from the partnership at or about the time of dissolution.… Boyd v. Boyd Page 639 In Kings county is now pending an action for the annulment of a marriage in which this intervening defendant, Blanchard P.… Dyer v. Broadway Central Bank Page 640 The plaintiffs are stockbrokers, engaged in business in the city of New York.… Village of Kenmore v. County of Erie Page 641 The Legislature has devised a plan by which the function of collecting unpaid village taxes has been shifted from the village officers to county officers.… Fanroth v. Byrne Page 642 Defendants’ threat to construct a sidewalk curb across the entrance to plaintiff’s premises was stayed by injunction pending trial and, therefore, the finding of fact at Special Term to the effect that defendants prevented plaintiff from entering and leaving his premises is wholly without support.… Metropolitan Life Insurance Company, the petitioner, applied to the Superintendent of Insurance, the predecessor of the present appellant, for his approval of a rider to be attached to its policies.… Van Leet v. Kilmer Page 644 Defendant generates electric power for his own use at Binghamton and also supplies it for profit to the United Shoe Machinery Corporation in the same city.… On the 14th of October, 1918, The Prudential Insurance Company of America issued its policy of insurance upon the life of Edward A.… Coletti v. Knox Hat Co., Inc. Page 647 The complaint alleges that the plaintiff and defendant, on or about January 31st, 1925, entered into an agreement the terms of which were contained in a writing, of which Exhibit A, attached to the complaint, is a copy.… Pickle v. Page Page 648 Henry M. Pickle and Bertha E. Pickle, originally named as plaintiffs herein, were the grandfather and grandmother of Vernon Owen Pickle, an infant.… Eisenberg v. Reasenberg Page 650 Upon this record the jury could properly find that the defendant had no information and no belief that the plaintiff had been guilty of any wrong.… Matter of Flicker v. Mac Sign Co. Page 651 Claimant, while worldng for his employer, fell from a ladder, and was injured.… Brearton v. De Witt Page 652 The complaint in this action, as supplemented by the bill of particulars, has been held to be insufficient, as not stating a cause of action, and by a motion made on the pleadings has been dismissed.… Canfield v. Elmer E. Harris & Co. Page 653 Plaintiff’s predecessor in title leased certain premises to defendant for a term of years and defendant, entering into possession, paid rent for the full term ending October 31, 1926.… In Re Grinnell Lith. Page 654 Judgment affirmed, with costs; no opinion.… Clayton v. City of Niagara Falls Page 655 Judgment affirmed, with costs; no opinion.… Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… O'Brien v. Matthew F. McGunnigle Page 657 Judgment affirmed, with costs; no opinion.… People v. Amore Page 658 Judgment affirmed; no opinion. Concur: Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Reinhardt v. Burczynski, I. Bus Page 662 Judgment affirmed, with costs; no opinion.… Kennell v. Rider Page 664 Judgment affirmed, with costs; no opinion.… Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Sweinhart v. City of New York Page 666 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… People v. Tropical Fruit Corporation Page 667 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.… Colgrove v. Smith Page 670 Judgment affirmed, with costs; no opinion.… Erickson v. Sutton, Sundell Page 671 Judgment affirmed, with costs, on the ground that the question presented by the appellant is not raised upon the record; no opinion.… Moore v. City of New York Page 672 Judgment affirmed, with costs; no opinion.… Geaneas v. Fanroth Page 673 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… In Re the Accounting of Wyman Page 677 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Craig v. Hickok Music Company, Inc. Page 678 Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that it was error for the Appellate Division to reverse the judgment upon the law alone as the evidence presented questions of fact which were properly submitted to the… Matter of Thurman Page 679 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Adler v. Deegan Page 680 Recall of remittitur requested and the same when recalled will be amended by striking out the award of costs and a like amendment will be made in respect of the order denying the motion for reargument. Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Kleinberg v. Ratett Page 682 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion for reargument denied, without costs.… In Re the Estate of Kiekebusch Page 687 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Village of Lynbrook v. Cadoo Page 688 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… People v. Placek Page 689 Motion granted.' Matter of City of New York Page 690 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Leder v. Harnett Page 691 Order affirmed, with costs; no opinion. Concur: Cardozo, Cb.… In Re Proving the Will of Ryan Page 692 *621 Order of the Appellate Division reversed and decree of the Surrogate’s Court affirmed, with costs in this court and in the Appellate Division payable out of the estate and questions certified answered in the negative on the authority of Matter of Conway (124 N.… Order affirmed, with costs against the State Industrial Board; no opinion.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Schranger v. Hirsch Page 697 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Hanley v. Smith Page 700 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. The plaintiff, a bank in the city of New York, received from the defendant a bond or policy of insurance indemnifying it against certain described losses suffered in its business.… Becker v. Peter A. Frasse & Co. Page 702 Plaintiff, who was the treasurer of Peter A.… Price v. Ryan Page 703 The plaintiff was injured through the negligence of a truck driver who was in the general employment of the defendant Ryan.… Matter of Sage v. Broderick Page 704 Section 9 of the General Municipal Law (Cons.… When this case was here before (247 N. Y.… This action is brought to recover damages sustained by the plaintiff through the breach by the defendant of several contracts, entered into by the parties on the 15th day of September, 1919, the 8th of March, 1920, and the 21st of April, 1920.… The Industrial Board, on April 30, 1929, made an award of death benefits, on account of the death of Ignatz Werenjchik, who died in the course of his employment from causes resting therein, to the claimants, Stephen, Sophie and Olga, as children of Ignatz under the age of eighteen at the time of his death.… Schweitzer v. Fargo Page 708 Peter J. Schweitzer, of whose last will the plaintiff is executrix, on November 5, 1917, paid the defendant $2,059.74, and took from it two drafts, one for 10,000 rubles payable to his sister Lea Margolin, and the other for 5,000 rubles payable to his sister Gissia Garbowitzka.… Matter of Simpkins v. Steffen Page 709 The carrier issued an insurance policy whereby it agreed to pay promptly to any person entitled thereto any award made under the Workmen’s Compensation Law (Cons.… By the terms of a policy of insurance issued to the plaintiff, the defendant bound itself to indemnify the plaintiff against “ loss from the liability imposed by law upon the Assured on account of bodily injuries * * * suffered * * * by any person or persons by reason of the ownership, maintenance or use of the… Thropp v. Erb Page 711 In December, 1923, the defendant J. Bradford Erb obtained a warrant of attachment in an action in which he was the plaintiff and this plaintiff was a defendant.… Evidence that the steam winch was in proper condition after the accident and before any repairs were made was erroneously excluded.… Plaintiff, the vendee under a contract for the sale of real estate, brings this action against the vendor to recover the down payment and expenses, and to charge them on the land.… Central Union Trust Co. v. Trimble Page 714 Edward R. Thomas made a deed of trust in January, 1922, in which he recited that he had previously agreed to establish a trust fund for the benefit of Robert Livingston Beeckman, and in which he established such a fund as follows: He transferred to a trustee securities of the par value of $647,000, yielding at that… Keller v. American Chain Co., Inc. Page 715 The Archenhold Automobile Supply Company of Waco, Texas, is a jobber in automobile supplies.… Stock v. Mann Page 716 Sarah A. Kimball died seized of a life estate in certain real property in Albany.… Higgins v. Mason Page 717 The plaintiff, Josephine B. Higgins, her husband, Robert Higgins, and the defendant’s wife, Grace Mason, were the guests of the defendant, George Mason, Jr., on an automobile trip from Corinth, N.… People Ex Rel. Sloane v. Lawes Page 718 On the 14th day of December, 1927, Roy H.… Becker v. Peter A. Frasse Co., Inc. Page 719 Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Becker v. Frasse & Co. (255 N.… Price v. Ryan, Dickison Page 720 Judgment affirmed, with costs, on the authority of Price v. Ryan (255 N.… The judgment should be modified by providing for payment to defendant Provident Mortgage Corporation, on account of the amount paid by it in satisfaction of prior mortgages on the premises, the sum of $15,926.94, with interest from February 21, 1929, instead of the sum of $10,562.10, and as so modified affirmed… Judgment affirmed, with costs; no opinion.… N. C. Bk. v. Waggoner, C. Han. Bk. Page 723 Order affirmed, with costs. Question certified answered in the affirmative; no opinion.… Pierce v. Fenno, Webster Page 724 Judgment affirmed, with costs; no opinion.… Hagan v. Meehan Page 725 Judgment affirmed, with costs; no opinion.… People v. Cohen, Eq. Cas. Page 726 Order in each proceeding affirmed, with costs; no opinion.… People v. John R. Thompson Company Page 727 Order in each proceeding affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Newburger v. Gold Page 729 Order affirmed, with costs. Question certified answered in the affirmative; no opinion.… Appeal dismissed, with costs; no opinion.… Penn v. Valiante Page 731 Judgment affirmed, with costs; no opinion.… Judgment affimed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Amandolese v. City of New York Page 734 Judgment affirmed, with costs; no opinion.… Artloom Realty Co., Inc. v. Lamorte Page 735 Judgment affirmed, with costs; no opinion.… Bianchi v. Klein Page 736 Judgment affirmed, with costs; no opinion.… Reinlieb v. Rose Page 737 Judgment affirmed, with costs; no opinion.… Mulligan v. Fioravera Page 738 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Rice v. Van Vranken Page 740 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. Alvord Page 743 Judgment affirmed; no opinion. Concur: CARDOZO, Ch.… Bowlee Realty Corporation v. Meth Page 745 Judgment affirmed, with costs; no opinion.… Weisberg v. Elias Page 746 *546 Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, for the reason stated in the dissenting memorandum of O’Malley, J., in the court below; no opinion.… 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.… Cassano v. Avenue a Property, Inc. Page 750 Judgment affirmed, with costs; no opinion.… Order affirmed, with costs against executor personally; no opinion.… Klapp v. Bache Page 752 Judgment affirmed, with costs; no opinion.… Brower v. Lawrence Page 753 Judgment affirmed, with costs; no opinion.… Jones v. Karline Page 754 Judgment affirmed, with costs; no opinion.… Judgment in each action affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Solar v. Realty Sureties, Inc. Page 758 Judgment in each action affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Barton v. Paul Page 761 Judgment affirmed, with costs; no opinion.… Burgess v. Byrnes Page 762 Judgment affirmed, with costs; no opinion.… Motion granted upon condition that the appellant within ten days pay the taxable costs and disbursements on the appeal to the Appellate Division and also on the appeal to this court and ten dollars costs of motion; otherwise, motion denied, with ten dollars costs. De Santis v. Luger Page 764 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 denied, without costs. Nann v. Raimist Page 767 Motion denied, without costs. People Ex Rel. Croissant v. Stevens Page 768 Order affirmed, without costs; no opinion.… Copeland v. Higgins Page 769 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Rifkin v. Ed Zit Holding Corporation Page 770 Motion by respondent for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements.… People Ex Rel. Spinelli v. Walsh Page 771 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Matter of Landau Page 773 Appeal dismissed, without costs, on the ground that the incompetent and the special guardian are not parties to the proceeding nor persons aggrieved; no opinion.… Order affirmed, with costs. Question certified answered in the negative; no opinion.… In Re the Estate of Hughes Page 775 Order affirmed, with costs; no opinion. Concur: Pound, Grane, Lehman, Kellogg and Hubbs, JJ.… Matter of People Page 776 Order affirmed, with costs; no opinion. Concur: Cahdozo, Ch.… Matter of People Page 777 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Palmer v. New York Herald Company Page 779 Judgment affirmed, with .costs; no opinion.… McNamara v. New York State Railways Page 780 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… People v. Pesky Page 783 Motion for reargument denied. (See 254 N.Y.… Matter of Hicks Page 784 Orders affirmed; no opinion. Concur: Cardozo, Ch.… On the appeal by the defendant Joseph Holme, Inc.: Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts on the ground that the negligent act if any was not in the course of the business of the defendant-appellant.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… *581 Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that there was a question of fact as to the defendant’s negligence; no opinion.… Judgment in each action affirmed, with costs, on the ground that the evidence fails to establish negligence or other wrong on the part of the defendants, the owners of the building, who had parted with possession; no opinion.… Warner-Quinlan Company v. Smith Page 790 Judgment affirmed, with costs; no opinion.… Adler v. Berkowitz Page 791 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements.… In Re the Estate of Findlay Page 793 Alfred Brooks, a brother of the decedent, John Findlay, formerly Albert Brooks, brings this, proceeding to revoke letters of administration granted to William Findlay and another upon the false suggestion as he claims that William was John’s brother, and entitled as such to administer the estate.… Shea v. Export Steamship Corp. Page 794 In this case the plaintiff sued in the State court to recover damages sustained by him as a result of the failure of the defendants to provide him, a seaman of the steamship Blue Triangle, owned by the Export Steamship Corporation and operated and controlled by the United.… The plaintiff, a Russian bank, chartered in 1869 by the Imperial Russian Government, has deposit accounts with the defendant, opened in 1911 *27 and 1915, with a balance of $66,749.45 to its credit at the trial.… Williamson v. Casa-Eguia Page 796 The plaintiff, John T. Williamson, is a resident of Niagara Falls, and an ice merchant.… The plaintiff, the executor of the will of Francis T.… The defendant insured a dwelling house owned by the plaintiff, and located on the South road of Poughkeepsie, on the main highway of the Albany Post *66 road.… Gaston & Co. v. Storch Page 799 The complaint is for conversion; the defense accord and satisfaction.… Farrell v. Rose Page 800 Harlem River terrace is a street in the city of New York, borough of The Bronx, running north and south, and to the east of the tracks of the New York *75 Central railroad.… Parascandola v. Hammond Page 801 The record fails to show that the moneys and other property delivered by the plaintiff to the deceased partner Sforza, were so delivered in connection with any business of the partnership, or applied, when received, to partnership uses.… People v. Kopper Page 802 To the uninitiated, the words upon the metal disks which issued from the machine might negative any possible inference that they were “ checks or memoranda calling for money.” Custom, notice or previous agreement might furnish to the initiated a key which would enable them to find in the disks the significance which… The State of New York for years has attempted to tax the shares of National banks in accordance with section 5219 of the United States Revised Statutes (Mason’s U.… This is a companion case to People ex rel.… On the 20th of August, 1928, Leslie Andrews resided at 91 Brook street, Tompkinsville, Staten Island, and was employed as a handy man by the L.… Claimant received an injury to his foot which injury arose out of and in the course of his employment.… Lyon v. Bethlehem Engineering Corp. Page 807 On March 23d, 1922, the plaintiffs leased to the defendant Bethlehem Engineering Corporation *113 certain real property situated on the corner of Broadway and Fifty-first street, in the city of New York, for a term of twenty-one years.… On April 21st, 1925, the defendant assurance society issued two policies of life insurance on the life of Samuel London.… Johnson v. Lutz Page 809 This action is to recover damages for the wrongful death of the plaintiff’s intestate, who was killed when his motorcycle came into collision with the defendants’ truck at a street intersection.… Meserole Securities Co. v. Cosman Page 810 The plaintiff is a corporation organized under the Business Corporations Law of the State of New York (Cons.… Pimpinello v. Swift & Co. Page 811 The complaint alleges that in December, 1925, the plaintiff commenced an action against the defendant to recover damages for personal injuries sustained through the negligent operation, by the defendant’s servants, of a certain motor truck; that in April, 1928, the plaintiff’s attorney represented to the plaintiff… Richard v. American Union Bank Page 812 The complaint alleges as a first cause of action that at the city of New York on November 14, 1919, plaintiffs and the Nemeth State Bank, whose obligations defendant later assumed and undertook to pay, entered into agreements whereby the Nemeth State Bank, in consideration of the sum of $72,500 then paid to it by the… Chemical National Bank v. Hill Page 813 In this action for the construction of the will of Roger Richardson Hill, deceased, we have reached the conclusion that the judgment as rendered by the Special Term and approved by the Appellate Division must be modified in some particulars.… Duncan v. Stoneham Page 814 In their letter to the plaintiff, requesting that he consent to a transfer of their stock brokerage business to E.… Harford v. Stoneham Page 815 The essential allegation is actual conversion by Charles A.… The action is one for the foreclosure of a mortgage given in 1892 by the Steinway Railway Company to a trustee for bondholders.… Pratt v. Ladd Page 817 Charles Pratt died May 4, 1891. He left a will whereby he created trusts from his residuary estate for the benefit of each of his eight children.… People Ex Rel. Frank v. McCann Page 818 On an information charging him with violation of section 600 of the Penal Law in that he had willfully disobeyed a lawful mandate of the Supreme Court, appellant was convicted of that misdemeanor by the Court of Special Sessions of the City of New York, was fined one hundred dollars and in default of payment was… Block v. Pennsylvania Exchange Bank Page 819 Plaintiffs, stockbrokers in the city of New York, bought shares of stock and subscription rights on the order of the defendant bank, which “ was acting as agent for a third party or parties unknown at said times to the plaintiffs.” The bank declined to accept the certificates when tendered or to pay the purchase price.… By chapter 417 of the Laws of 1929 the Conservation Commissioner is authorized to construct and maintain a bobsleigh run or slide on State lands in the Forest Preserve in the town of North Elba, Essex county, on the western slope of the Sentinel Range.… Schieffelin v. Goldsmith Page 821 This is a taxpayer’s action to restrain the Comptroller of the city of New York from paying to the defendants Goldsmith and Fontanelli the salaries which they earned while serving temporarily as Municipal Court justices, on the ground that their appointments as temporary justices were illegal.… Alberto Buccini made a contract with the Paterno Construction Company to decorate the ballroom, banquet hall and swimming pool in a dwelling described as “ Paterno’s Castle ” on Riverside Drive in the city of New York.… Fisher v. Fisher Page 823 Section 73 of the Real Property Law (Cons.… Handvill v. Drayton Page 824 Plaintiff has recovered judgment against members of a partnership of stockbrokers on the theory of conversion by them through an apparent agent.… The action is brought by plaintiff, who is the holder of twenty shares in defendant Avenue M Garage & Repair Co., Inc., to compel the defendants Ageno and Montalbine to return to the defendant corporation seventy-six shares of its capital stock alleged to have been issued to them improperly, and to restrain them from… Fendler v. Morosco Page 826 In April, 1911, the defendant Tully copyrighted a play called “ The Bird of Paradise.” It was produced by the defendant Morosco in September, 1911.… Tillman v. Guaranty Trust Co. Page 827 The complaint sets forth a cause of action for a deposit of money not to be repaid at a fixed time but only upon special demand.… The plaintiff’s right to cancel the contract was subject to the condition that the plaintiff must exercise that right by notice to the seller’s attorney sent by registered mail on or before April fifteenth.… Kraus v. Wolf Page 829 A small pool of water in a slight depression, caused by wear, on the surface of an outdoor step creates no dangerous condition, and reasonable care did not require the defendant to prevent or remedy such condition.… People v. Corrigan Page 830 There is no evidence tending to prove that defendants entered the garage at 34 Ridgeland road or any other garage, or that they tried the doors of the house at 34 Ridgeland road or any other house or that they even entered upon private premises at No. 34 Ridgeland road or at No. 10 Avondale road or any other private… Matter of Griffin v. Cruikshank Co. Page 831 Although the principal business of the employer was not a hazardous employment within the enumeration of the Workmen’s Compensation Law (Cons.… The question is as to the sufficiency of the complaint herein.… People v. Pennestri Page 834 Section 535 of the Code of Criminal Procedure, as amended by chapter 464, Laws of 1926, *320 provides that an appeal to the Appellate Division must be brought on for argument within ninety days after the service of the notice of appeal or the granting of a certificate of reasonable doubt, unless the court for good… The complaint demands judgment for a sum of money constituting a down payment under a contract of sale and to impress a lien for that amount as well as for expenses.… Bellville, an employee of a fish dealer, was injured while delivering fish at a restaurant in Albany.… People v. Connolly Page 837 The defendants, Connolly and Seely, have been convicted of the crime of conspiracy, in violation of subdivision 4 of section 580 of the Penal Law, which makes it a misdemeanor for two or more persons to conspire “ to cheat and defraud another out of property, by any means which are in themselves criminal, or which, if… The public policy of the State of New York, as expressed in the Constitution and in statutes, is to abolish the grade crossings of steam railroads.… Gang v. Gang Page 839 Although this proceeding to compel the appellant to refund money received by him from his client is entitled in the action, it is in fact a special proceeding, and the order made at Special Term was a final order, and the order of the Appellate Division modifying that order is appealable to this court as a matter of… Irving Trust Co. v. Leff Page 840 The Appellate Division, reversing the Special Term, granted plaintiff’s motion to strike out the counterclaim set up in the answer and for summary judgment on the pleadings.… By an order of the Supreme Court made in August, 1925, the Superintendent of Insurance was directed to take possession of .any property in this State belonging to the First Russian Insurance Company, a Russian corporation, in order to conserve and liquidate its assets “ as the nature of the case and the interests of… The plaintiff is the owner of “ Collateral Trust Gold Bonds ” executed by the Motor Guaranty Corporation, a Delaware corporation.… The defendant in this arbitration proceeding, Goldberg, Maas & Co., Inc., signed and delivered to the plaintiff, Finsilver, Still & Moss, Inc., an order for the purchase of twenty-five pieces of merchandise, described as style number 195, the price to be six dollars and ninety-five cents per yard, and delivery to be… Hall-Mark Realty Corp. v. McGunnigle Page 844 Plaintiff sues to recover a down payment on the purchase of about eighty-four acres of farm land *397 on the ground that the title tendered is unmarketable.… Anthony Pfohl is .the owner of a farm in Erie county.… The appellant Cross & Brown Company is a domestic corporation engaged, among other things, in the business of acting as managing agent for owners of buildings and real property.… Bernstein v. Kritzer Page 847 The Chelsea Auction Rooms & Art Galleries, Inc., was a domestic corporation consisting of two stockholders, Abraham Kritzer and his wife, Augusta Kritzer.… The action is one for the foreclosure of mechanics’ liens.… O'Neill v. City of Port Jervis Page 849 Front street in the city of Port Jervis, N.… Bennett v. Cupina Page 850 The lands of plaintiff and defendants adjoin.… McCabe v. MacKay Page 851 The defendant is the owner of an office building in the city of New York.… The plaintiff has recovered judgment on two causes of action, both of which are for breach of contract to deliver goods.… Plaintiff, the owner of an apartment house, brings this action for an injunction to restrain the removal of eighty-three gas ranges installed in the apartments under contracts of conditional sale.… Kessler v. the Ansonia Page 854 The plaintiff, under a written lease, occupied an apartment in a building owned by the defendant.… Plaintiff bought from the defendant the Checker Cab Manufacturing Corporation, fourteen taxicabs under contracts of conditional sale, the price to be paid in monthly installments, secured by promissory notes.… Cherubino v. Meenan Page 856 The ruhng made on the trial of this case brings up for review the extent of the power of the Pohce Commissioner of the city of New York to make traffic rules and regulations.… For several years plaintiff was a subscriber to defendant’s telephone service in New York city.… Irvmor Corp. v. Rodewald Page 858 The complaint is for specific performance; the defense, the Statute of Frauds.… McCoy v. American Express Co. Page 859 The plaintiff, suing as assignee in the right of one George H.… Hooey v. Airport Construction Co. Page 860 In June, 1928, an airport was in course of construction for the city of Albany.… Caspersen v. La Sala Bros. Page 861 Plaintiff, a servant of the Otis Elevator Company, was installing an elevator in a building then in course of construction.… We think the forged notes were not acquired by purchase within the meaning of the contract.… Holmer v. Holmer Page 863 The findings in action No. 1, so far as they are supported by the evidence, do not sustain the conclusion of law that plaintiff therein is entitled to a *499 judgment of separation against the defendant.… Iser v. Herbert Marks Building Corp. Page 864 The plaintiff’s consolidated mortgage is subordinate to the lien of the defendant Hurwitz for advances made pursuant to the building loan agreement and mortgage for $54,000, executed and filed before the plaintiff’s mortgage.… In January, 1924, the defendant leased from Samuel L.… Albert v. Freedman Page 866 Prior to January, 1920, the defendant was the owner of the entire capital stock of Freedman Bros.… People v. Dimaggio Page 867 Judgment affirmed; no opinion. Concur: Cardozo, Ch.… Blank v. Walker Page 868 Judgment affirmed, with costs; no opinion.… Christen Bjorlow, Inc. v. Van Roy Page 869 Judgment affirmed, with costs; no opinion.… In Re the Accounting of Michelbacher Page 870 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Judgment affirmed, with costs; no opinion.… *518 Upon appeal by defendant, judgment affirmed, with costs.… Orders affirmed, with one bill of costs; no opinion.… Degener v. Degener Page 874 Judgment affirmed, with costs, on the ground that in the circumstances of this case the trier of the facts might properly determine that no good will of substantial value capable of being established in terms of money had been acquired by the surviving partners; no opinion.… Schoen v. Stoloff, Bernstein Page 875 Judgment affirmed, with costs; no opinion.… Gross v. Welsh, B. Titman Company Page 876 Judgment affirmed, with costs, in favor of plaintiff against the defendant Welsh and in favor of the defendant B.… Judgment affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Chertok v. Effremoff Page 879 Judgment affirmed, with costs; no opinion.… Judgment modified by reducing the judgment of the Appellate Division to the sum of $24,075, with interest from May 2, 1926, and costs, and as so modified affirmed, without costs in this court; no opinion.… Bryant v. Village of Potsdam Page 881 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Abowitz v. Ghersin Page 884 Judgment affirmed, with costs; no opinion.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. In Re the Accounting of Vogler Page 886 Order affirmed, with costs payable out of the estate, on the ground that the appellant is concluded by the decree previously entered; no opinion.… Motion denied, with ten dollars costs. Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… In Re Grinnell Lith. Page 889 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Matter of Sage v. Broderick Page 891 Motion denied, with ten dollars costs. Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Boyd v. Boyd, Atkinson Page 893 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Reynolds v. Dolan Page 894 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion granted and appeals dismissed, with costs and ten dollars costs of motion. McClelland v. Climax Hosiery Mills Page 896 Motion for reargument or to amend remittitur.… Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Clayton v. City of Niagara Falls Page 898 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Leary v. Lipkind Page 899 Motion granted and appeal dismissed, without costs. Matter of Johnson and Company Page 900 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… People Ex Rel. Fong v. Honeck Page 901 In each proceeding order of the Appellate Division reversed and those of the Special Term affirmed, without costs, on the ground that the relator has not conclusively *537 established that he was not present in the demanding State at the time of the commission of the crime (People ex rel.… Matter of Albrecht Page 902 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs against the State Industrial Board; no opinion.… Order affirmed, with costs; no opinion. Concur: Pound, Crane, Lehman, Kellogg and Hubbs, JJ.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs. First question certified answered in the affirmative.… Matter of Smith v. Surf Apartments Page 907 Order of the Appellate Division reversed and claim dismissed, with costs against the State Industrial Board in the Appellate Division and this court, on the authority of Matter of Hynes v. Pullman Co. (223 N.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Order modified by reducing the amount to be paid to the receiver to $47, with interest from July 10, 1929, that being the amount collected by appellant after the appointment of the receiver, and as so modified affirmed, without costs in any court; no opinion.… Murray v. National Surety Company Page 912 Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that the preponderance of evidence sustains the finding of the trial judge that the written contract fails to express the agreement of the parties and should be… Judgment'affirmed, with costs; no opinion.… Becker v. Merovitz Page 914 Judgment affirmed, with costs; no opinion.… Hallinan v. Skillen Page 915 Judgment of the Appellate Division reversed on the authority of Vincent v. Rix (248 N.… Marlee, Inc. v. Bittar Page 916 Judgment affirmed, with costs; no opinion.… Brown v. City of New York Page 917 Judgment in each action affirmed, with costs; no opinion.… People v. Pronio Page 918 Judgment of conviction affirmed; no opinion.… Judgment affirmed, with costs; no opinion.… Motion denied, with ten dollars costs. Kittredge v. Langley Page 921 We find no adequate reasons for a reargument of this appeal.… McClelland v. Climax Hosiery Mills Page 922 Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements.… Aldrich v. City of New York Page 923 Motions granted and appeal dismissed, with costs and ten dollars costs of motions. Motion granted; recall of remittitur requested and the same when recalled will be amended in accordance with the prayer of the notice of motion.… In Re the Accounting of Ryan Page 925 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Liben v. Gore Building Corporation Page 926 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Quinn v. Sigretto Page 927 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion to amend remittitur. (See 253 N. Y.… In Re the Accounting of Sears Page 929 Orders affirmed, with costs, on the authority of Hollis v. Drew Theological Seminary (95 N.… Matter of Meadowdale Company v. Lee Page 930 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Nash v. Lynch Page 931 Order aflrrmed, with costs; no opinion. Concur: Cardozo, Cb.… Matter of Smith v. Loughman Page 932 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… In Re the Accounting of Levy Page 933 Order of the Appellate Division and that of the Special Term reversed and application denied, on the ground that the vacated orders were made by a court having jurisdiction of the subject-matter and the parties, and constitute a protection to the committee for all acts done in good faith thereunder; no opinion.… Floor v. Floor Page 934 Motion granted and appeal dismissed, without costs. Hill v. Gross Page 935 Judgment affirmed with costs; no opinion.… Pierce v. Armour Company Page 936 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: Cardozo, Ch.… Spurius v. Meister Page 941 Judgment affirmed, with costs; no opinion.… People v. Lapolte Page 942 Judgment of the Appellate Division and that of the trial court reversed and new trial ordered for the error of the trial judge in refusing to instruct the jury that the defendant might be found guilty of a lower degree of larceny than that charged in the indictment (Code Crim.… Judgment affirmed, with costs; no opinion.… People v. Camellera Page 944 Judgment of conviction affirmed; no opinion.… People v. Ziolkowski Page 945 Judgment of conviction affirmed; no opinion.… Antku v. Zinsser Company Page 946 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on the ground there is no evidence of defendant’s negligence; no opinion.… People v. Hudson View Gardens, Inc. Page 948 Judgment affirmed; no opinion. Concur: CARDOZO, Ch.… People v. Molino Page 949 Judgment affirmed; no opinion. Concur: Cardozo, Ch.… The first, third and fourth questions certified are improper in form.… People v. Vignola Page 951 The order should be reversed and the case remitted to the Appellate Division, to decide the motion for enlargement of tune and to dismiss the appeal upon the merits, upon authority of People v. Pennestri (253 N.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Debaun v. Block, Graff Page 954 Judgment affirmed, with costs; no opinion.… Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on the ground that there is no evidence of defendant’s negligence; no opinion.… Carner Brothers, Inc. v. Steinberg Page 956 Judgment modified by deducting the sum of $500 allowed for the brokers’ commissions and as modified affirmed, with costs to the respondents; no opinion.… Lefton v. Carner Page 957 Judgment of the Appellate Division and that of the Trial Term reversed and new trial granted, costs to abide the event, on the ground that there was error in the exclusion of defendants’ Exhibit A; no opinion.… The Appellate Division had authority to reverse the judgment as a matter of discretion.… Matter of People Page 959 Order affirmed, with costs, on opinion in Matter of People (First Russian Insurance Company) (253 N.… Appeal dismissed, without costs, on the ground that the order appealed from is not final; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Samuels v. Terry Holding Co. Page 963 Judgment in each action affirmed, with costs; no opinion.… Order affirmed, with costs, on the ground that the allegations of the return, if accepted as true, fail to justify a variation of the uses prescribed by the zoning resolution; no opinion.… Colonna v. State Page 965 Judgment in the first action affirmed, with costs; no opinion.… Judson v. Fielding Page 966 Judgment against defendant Fielding affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the dissenting opinion of Proskauer, J., at the Appellate Division; no opinion.… Delevante v. MacPherson Page 969 Judgment in each action affirmed, with costs; no opinion.… MacOmber v. Sterling Page 970 *601 Appeal dismissed, without costs, on the ground that the judgment appealed from is not final (Webster v. Webster, 243 N.… U.S. Merch. S. v. Brenker Page 971 Judgment affirmed, with costs; no opinion.… Rhinock v. Simms Page 972 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.… Gilman v. Fox Page 977 Judgment in each action affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Wagoner v. Fidelity and Casualty Co. Page 979 Judgment affirmed, with costs; no opinion.… Filer Realty Corporation v. Little Page 980 Order affirmed and judgment absolute ordered against the appellant on the stipulation, with costs in all courts; no opinion.… Bard v. Columbia University Club Page 981 Judgment affirmed, with costs; no opinion.… Clair v. Wrege Page 982 Judgment affirmed, with costs; no opinion.… Colwell v. Farris Page 983 Judgment affirmed, with costs; no opinion.… Goldberg v. Adelman Page 984 Judgment in each action affirmed, with costs; no opinion.… Matter of Littick Page 985 Order affirmed; no opinion. Concur: Cardozo, Ch.… Curley v. Moore Page 986 Judgment affirmed, with costs; no opinion.… People Ex Rel. Reicher v. Honeck Page 987 Order affirmed; no opinion. Concur: Cardozo, Ch.… Henck v. Dollar Steamship Line Page 988 Order affirmed and judgment absolute ordered against the appellant on the stipulation, with costs in all courts; no opinion.… Von Scharfenberg v. Bernet Page 989 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Gura v. Herman Page 991 Judgment affirmed, with costs; no opinion.… Eager v. Bergamo Page 992 Judgment affirmed, with costs; no opinion.… Matter of Parker Page 993 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Robinson v. Zak, Remling, Slawski Page 994 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… *623 Motion for leave to withdraw appeal and to dismiss plaintiff’s appeal granted upon tender by the defendant to the plaintiff of the sum of $2,140.48, such tender to be made within ten days. Matter of Hagen Page 997 Motion for permission to take the State bar examination.… Graf v. Hope Building Corp. Page 998 Plaintiffs, as executors of Joseph L. Graf, are the holders of two consolidated mortgages forming a single lien on real property the title to which is vested in defendant Hope Building Corporation.… Hand v. Ortschreib Building Corp. Page 999 The proceeding was instituted under subdivision 3 of section 773 of the Civil Practice Act.… People v. Bogdanoff Page 1000 Evidence which is not challenged establishes that on the 27th day of July, 1929, Ferdinand Fechter was killed in the city of Buffalo, Erie county.… Losei Realty Corp. v. City of New York Page 1001 The action is brought to recover damages for breach of a contract by which the defendant agreed to *44 fill in the plaintiff’s property on Jamaica bay with dredged material.… Edward Streeter died as the result of an accident arising out of and during the course of his employment, alleged to be due to the negligence of another not in the same employ.… Fairview-Chase Corp. v. Scharf Page 1003 The complaint was properly dismissed as against the defendant McCoy, the maker of the lease.… The question to be determined is whether claimant was a servant within the meaning of the Workmen’s Compensation Act and so entitled to an award.… Kilmer v. White Page 1005 Appellant had owned a three-story apartment house on Lexington avenue in the city of Albany.… Lapides v. Lapides Page 1006 The maiden name of the defendant was Rose H.… Defendant issued its policy of insurance whereby it insured plaintiff’s husband against the results of bodily injuries “ caused directly and independently of all other causes by accidental means,” the insurance in the event of his death to be payable to his wife.… Reichel v. Standard Rice Co. Page 1008 The plaintiff’s assignor, located at Newark, N.… Ponsrok v. City of Yonkers Page 1009 The case comes up on a motion for judgment on the pleadings.… Hoeppner v. Dunkirk Printing Co. Page 1010 The Dunkirk High School of the city of Dunkirk, county of Chautauqua, has a football team which during the football season plays in competition with the teams of other, high schools and preparatory institutions.… McCann v. Schnitzler Page 1011 In an action begun in 1926, plaintiff procured a warrant of attachment, giving an undertaking for $250, a sum accepted as sufficient by the judge issuing the warrant (Civ.… Sapinkopf v. Cunard Steamship Co. Page 1012 The bill of lading of a common carrier by water, considered in South & Central American Commercial Co. v. Panama R.… Clarkson v. Krieger Page 1013 A contract for the sale of real estate, to be enforceable, whether by the buyer or the seller, must be expressed in a memorandum in writing, subscribed by the grantor or his agent and assented to by the grantee.… R. I. Realty Co. v. Terrell Page 1014 The complaint alleges that the defendant executed a lease to the plaintiff’s assignor who went into possession of the premises leased and thereafter assigned the lease to the plaintiff corporation.… The plaintiff moves for a reargument upon the ground that the act of 1896 governing the merger of corporations (Laws of 1896, ch.… The Appellate Division modified the judgment of the County Court, Nassau county, upon the facts, made new findings and rendered final judgment thereon in favor of York Mortgage Corporation.… In Re the Accounting of Van Volkenburgh Page 1017 Respondent, the widow of Thomas S. Van Volkenburgh, was appointed administratrix of his estate and she filed her account.… The question arises whether an appeal may be taken to this court as of right from a final judgment: “ Where one or more of the Justices of the Appellate Division * * * having sat in the case, refrains from participating in the decision of the court.” (Civ.… This is an action for causing death by negligence at a railroad crossing.… White v. Knickerbocker Ice Co. Page 1020 William Smith of the town of Clarkstown, Rockland county, on the first day of May, 1841, conveyed to George E.… The plaintiff, a religious corporation, has sued the owner of a parcel of real property in the village of Snyder, the owner’s wife being joined with him as a defendant, to procure a declaratory judgment adjudging that restrictive covenants affecting the use of a parcel belonging to the plaintiff are no longer in… People v. Barbato Page 1022 Julia Musso Quintieri was strangled to death in her apartment in the borough of The Bronx at some time late Saturday night, September 14, 1929, or early Sunday morning, September 15, 1929.… The question to be determined is whether a complaint is sufficient, and this depends upon the question whether documents made part of it contain the essentials of a contract.… O'Neill v. O'Hare Page 1024 This is an appeal from a judgment of the Appellate Division of the Supreme Court, Second Department, reversing upon the law and facts a judgment made at Special Term, enjoining the defendant herein from in any manner interfering with the plaintiffs’ alleged easement and right of way over the property of the defendant… People v. Zackowitz Page 1025 On November 10, 1929, shortly after midnight, the defendant in Kings county shot Frank Coppola and killed him without justification or excuse.… Woloszynowski v. N.Y.C.R.R. Co. Page 1026 The action is one to recover damages resulting in death.… O'Hara v. Bronx Consumers Ice Co. Page 1027 At the trial the plaintiff recovered a verdict for commissions earned as a broker for securing purchasers of real property owned by the defendant.… Loud v. Clifford Page 1028 This is an action to rescind a purchase of corporate stock upon the ground that the sale was brought about by fraud on the part of the defendant corporation and the individual defendant who was the promoter, president and principal stockholder thereof.… Carson v. Federal Reserve Bank Page 1029 Trustees in bankruptcy are seeking to recapture moneys collected by the defendant, a Federal Reserve bank, with notice that a preference among creditors might be an effect of the collection.… In Re the Estate of Haffner Page 1030 On February 10, 1894, the respondent, Frederick Haffner, entered into a ceremonial marriage with Lilli Scholl, in Germany.… People v. Rubenfeld Page 1031 The defendant stands convicted of maintaining a public nuisance in the city of New York.… People Ex Rel. Marcley v. Lawes Page 1032 The relator, as a fourth offender, upon a plea óf guilty to a charge of grand larceny in the first degree for the theft of an automobile, has been sentenced to imprisonment in Sing Sing Prison for the term of his natural life.… People v. Udwin Page 1033 The conviction was obtained upon an indictment, charging that the defendants, then inmates of Auburn Prison, on December 11, 1929, in concert with other inmates, made an attempt to escape, in violation of section 1695 of the Penal Law, and that, in the course of the attempted escape, they or their confederates killed… The plaintiff contracted to buy and the defendant agreed to sell the block frontage on the westerly side of Madison avenue, between East Thirty-sixth and East Thirty-seventh streets in New York city, having a width of 197 feet and six inches on Madison, 143 feet on *273 Thirty-seventh street and 95 feet on… In Re the Probate of the Will of Smith Page 1035 The question is whether or not a printed clause contained in a will, executed by the testatrix in the State of Florida on the 22d day of March, 1924, reading “ hereby revoking all former Wills by me made,” had the effect of revoking a prior will, made in the State of New York on August 28, 1911, which has been offered… In Re the Accounting of Beeckman Page 1036 Samuel Thomas, by his last will and testament, created trusts of varying duration in parts of his estate and appointed four trustees.… Jacobs v. Newman Page 1037 On January 31, 1922, the plaintiff entered into a contract whereby he purchased from S.… Matter of Huff Page 1039 The original franchises covering some of the lines operated by the appellants, as receivers, were *319 granted by the Legislature prior to 1875.… Jenkins v. Moyse Page 1040 In May, 1926, the plaintiff was the owner of a parcel of real estate in Westchester county.… Calhoun v. Banner Page 1041 The jury has found upon sufficient, though disputed, testimony that the plaintiff, a real estate broker, complied with the terms of his employment by procuring a proposed purchaser for property owned by the defendants ready, able and willing to enter into a contract upon the terms laid down by the defendants.… McCarthy v. Culkin Page 1042 The plaintiff on the 24th day of July, 1928, obtained a judgment for the sum of $26,115.42 against the Banque de Commerce de L’Azoff Don, a banking corporation organized under the laws of Russia and not doing business in the State of New York.… On October 2, 1926, the defendant issued a life insurance policy for -$10,000 upon the life of Eh Minsker, plaintiff’s husband, in which she was named as beneficiary.… Needleman v. Voorhis Page 1044 A borough president is an elective officer and a member of the board of aldermen (Greater New York Charter, § 18).… People Ex Rel. Poinsel v. Dooley Page 1045 The Election Law (Cons. Laws, ch. 17, § 41) intends that recognition of the regularity of a faction or section of a party by a State convention, or, in an appropriate case, by the State committee of such party, shall be conclusive upon the appointing officer or board.… Matter of Heeran v. Scully Page 1046 A local law by which two members are added to a board theretofore consisting of three elective city officers has the effect of curtailing the power of such elective officers and becomes operative only after approval by the majority of the qualified electors of that city voting upon the proposition (City Home Rule Law… Latini v. Zavodnick Page 1047 The Regulus Realty Co., Inc., a domestic corporation, was the owner of premises known as 280 Dyckman street in the borough of Manhattan, city of New York, upon which was being erected a two-story garage.… The question is whether claimant, a trained nurse engaged specially by the New York Central Railroad Company on a single case to render services to an injured employee of the company in a hospital, is entitled to compensation for injuries sustained by her arising out of and during the course of her employment, as an… Rifkin v. Ed Zit Holding Corp. Page 1049 Plaintiff contracted to purchase seventy-five vacant lots in an undeveloped section.… Boehringer v. Schmid Page 1050 Matter of Klatzl (216 N. Y. 83) must be regarded as conclusively holding that “ The creation of a tenancy by the entirety is permitted by law and a husband may by conveyance to himself and his wife create such a tenancy, thereby reserving to himself the same rights he would have under a deed from a third person.”… Gambold v. MacLean Page 1051 The defendants have appealed as of right from a decision of the Appellate Division, modifying and *358 affirming, as modified, a final judgment, entered in the court below, after a decision of the Appellate Division which unanimously affirmed an interlocutory judgment.… Farber v. Demino Page 1052 The plaintiff was injured while driving in the taxicab owned by Marie Demino, which came into collision with an automobile owned and operated by Gustav Albrecht.… In the month of July, 1927, the county of Orange instituted condemnation proceedings under sections 148 and 150 of the Highway Law (Cons.… People v. Pesky Page 1054 This court is a court of review, restricted in cases of this order to a pronouncement of the law, and without power to act as a trier of the facts.… North Sea Developments, Inc. v. Burnett Page 1055 The record presents a question of fact whether before the broker had earned any commissions he agreed that his compensation should be five per cent on payments as made on the contract and five per cent on the amount of the mortgage when title passes.… Matter of Adler v. Voorhis Page 1056 The controversy in this case involves the determination of the validity of an act of the Legislature (Laws of 1930, ch.… Guerin Mills, Inc. v. Barrett Page 1057 Plaintiff, the assignee of the Alsace Worsted Company, brings this action upon a judgment for $1,540.57 recovered by its assignor in the Superior Court of Rhode Island against the Adams Express Company, an unincorporated association organized under the laws of New York.… This is an action on an open cargo policy of insurance to recover for the loss sustained by reason of the theft, pilferage or non-delivery of a part of a shipment of raw fur sldns from London to New York.… With so much of the judgment appealed from as reforms the policy of insurance upon the ground that it was issued through mutual mistake by the parties to this action, we agree with the Appellate Division that it should be affirmed.… Matter of McMahon v. Devlin Page 1060 Respondent, a patrolman on the police force of the city of Yonkers, pleaded guilty to charges of misconduct preferred against him by bis captain, withdrew his plea, stood trial and was removed.… The respondent on or about June 2, 1927, executed a corporate trust mortgage to the Guardian Trust Company of Detroit and Lewis K.… The defendant, a common carrier, undertook to carry, under a through bill of lading, a quantity of silk from Shanghai, China, via Vancouver, to New York city, consigned to order, notify F.… McKnight v. Bank of New York & Trust Co. Page 1063 On the 1st day of November, 1928, Sarah A.… The fee of the real property of which plaintiff is now the owner was acquired by the city of New York for rapid transit purposes and thereafter it was declared exempt from taxation.… People Ex Rel. Smyth v. Lynch Page 1065 The controversy is one as to the amount due from the relator for a tax upon income, and the determination hinges upon the answer to the question whether the income was received as dividends or as salary.… Adler v. Berkowitz Page 1066 Defendant Rose Gast and her husband executed a bond to plaintiff’s assignor for a sum of money and at the same time she alone gave a mortgage on premises owned by her to the same person in the same amount.… Green v. Wachs Page 1067 Henry Green, of 527 Fifth avenue, New York city, had been in the jewelry trade for over twenty-nine years, selling precious stones.… Hornstein v. Podwitz Page 1068 The complaint herein stated in proper form, with all necessary allegations, a cause of action against the defendant Hadassah Realty Co., Inc., a domestic corporation, for the recovery of $2,600 commissions due plaintiff, a real estate broker, on the sale of said defendant’s real property for $200,000.… Oliver v. Wells Page 1069 The action is one for the construction of a will.… The plaintiffs are stockbrokers, members of the New York Stock Exchange.… Relator owns land and a building erected thereon.… Fuhrmann v. Fanroth Page 1073 The action is one to vacate a judgment for the foreclosure of a mortgage and the sale of the mortgaged premises on the ground that the judgment Was procured by fraud.… Bing v. People Page 1074 Charter Construction Company, of which plaintiffs were sole stockholders, owned real property situated at Park avenue and Eighty-fourth street in the borough of Manhattan.… Weissman v. Banque De Bruxelles Page 1075 The defendant bank is a foreign corporation located and doing business in Belgium.… Neverman v. Neverman Page 1076 The action is brought to set aside a deed dated April 7, 1923, given by defendant Jane Never man, now upwards of eighty years of age, to her daughter, defendant Sarah L.… Bowlee Realty Corporation v. Meth Page 1078 Motion denied, without costs. Pratt v. Ladd Page 1079 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… O'Brien v. Stahl Page 1080 Motion granted and appeal dismissed, with costs. Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motions granted and appeal dismissed, with costs and ten dollars costs of motion. Haskell v. Haskell Page 1083 Motion denied, with ten dollars costs. Stock v. Mann Page 1084 Motion denied, with ten dollars costs. In Re the Accounting of Levy Page 1085 Recall of remittitur requested and the same, when recalled, will be amended by allowing costs and disbursements to the appellant. Lehman v. Rudin Page 1086 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Matter of Isaac G. Johnson and Company Page 1087 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion denied on condition that appellants’ brief be filed and served on or before May 23, 1930; otherwise, motion granted and appeal dismissed, with costs and ten dollars costs of action. Handvill v. Drayton Page 1089 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Costa v. Benger Page 1091 In the deed from Randall "to Hawley the grantor did not strictly adhere to the boundaries designated on the Loring map.… Matter of Darraugh v. Walsh Page 1092 Motion denied if appellant has served undertaking or serves same and pays ten dollars costs of motion within ten days; otherwise granted, with costs and ten dollars costs of motion. Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of McGowan Page 1095 Order affirmed, with separate bills of costs to the respondents appearing and filing briefs in this court payable out of the estate; no opinion.… Braun v. Armour & Co. Page 1096 Order affirmed, with costs, question certified answered in the affirmative; no opinion.… In Re the Estate of Flagler Page 1097 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… In Re the Estate of Raynor Page 1098 Order affirmed, with costs to respondents payable out of the estate.… Matter of People Page 1099 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Parshelsky v. Peck-Schwarz Realty Corp. Page 1100 Judgment affirmed, with costs; no opinion.… In Re the Accounting of Fuller Page 1101 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Daniele v. City of Mount Vernon Page 1102 Judgment affirmed, with costs, on the ground that there is no evidence of defendant’s negligence; no opinion.… Judgment affirmed, with costs; no opinion.… Copeland v. Higgins Page 1104 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Salvin v. Friend Page 1107 Judgment affirmed, with costs; no opinion.… Witherspoon v. Eames Page 1108 Appeal dismissed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Townsend v. Whitney (75 N.… People Ex Rel. Jaffe v. Jennings Page 1111 Order affirmed; no opinion. Concur: Cardozo, Ch.… Gottheimer v. C.E. Sheppard Company Page 1112 Judgment affirmed, with costs; no opinion.… Brown v. Agin Page 1113 Judgment affirmed, with costs; no opinion.… Mendelson v. State Page 1114 Judgment affirmed, with costs, on the ground that the enabling act, chapter 601 of the Laws of 1929, is in conflict with article 7, section 6, of the Constitution of the State; no opinion.… Matter of Rice v. Stoneham Page 1115 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Claim of Kenney v. Lord & Taylor, Inc. Page 1116 Order affirmed, with costs; no opinion. Concur: Pound, Crane, O’Brien and Hubbs, JJ.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Chiodo v. Newhall Company Page 1118 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Crippen v. Press Company, Inc. Page 1119 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Riordan, Kauder and Company v. Coughlin Page 1122 Judgment affirmed, with costs; no opinion.… Matter of City of New York Page 1123 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… In Re the Accounting of Sully Page 1124 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch; J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ.… Order affirmed, with costs. Questions certified answered in the affirmative; no opinion.… Matter of Zap v. Bruckner Page 1127 Appeal dismissed, with costs; no opinion.… Bronx County Trust Company v. Lamberti Page 1128 Judgment affirmed, with costs; no opinion.… People v. Oliveri, Latona Page 1129 Judgment affirmed; no opinion. Concur: Cardozo, Ch.… Matter of Goldschlag v. Deegan Page 1131 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Newburger v. Rose Page 1132 Judgment affirmed, with costs; no opinion.… People v. Kalil Page 1133 Judgment afiirmed; no opinion. Concur: Cardozo, Ch.… McCarthy v. Culkin Page 1134 Motion denied, with ten dollars costs. General findings and conclusions in the return which would otherwise justify the determination of the Board (Nectow v. City of Cambridge, 277 U.… Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… People v. Meigs Page 1137 Motion granted and appeal dismissed. Morris Plan Co. v. Globe Indemnity Co. Page 1138 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. McCoy v. American Express Company Page 1140 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Ryan v. Munson Steamship Line Page 1141 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Deer Park Brew Company, Inc. v. Hayes Page 1142 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion granted. The recall of the remittitur will be requested and the same when returned will be amended by providing that the plaintiff and the defendants Crose and Leary shall have separate bills of costs in the Appellate Division and in this court against the Board of Education of the City of Lockport, and the… Paige v. Squier Page 1144 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Wood v. Saunders Page 1145 Motion denied. Order in each case affirmed, with costs, on the authority of Ponsrok v. City of Yonkers (254 N.… Matter of Williams v. Barrett Page 1147 Appeal dismissed, with costs, on authority of Matter of Sullivan v. Teachers’ Retirement Board (253 N.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Swartz, Inc. v. City of Utica Page 1149 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Cameron Page 1150 Order affirmed, with costs payable out of the estate; no opinion.… People v. Paino Page 1151 Judgment affirmed; no opinion. Concur': Cardozo, Ch.… Hirschman v. National Surety Company Page 1152 Judgment affirmed, with costs; no opinion.… Ave v. Dorsey Page 1153 Order affirmed and judgment absolute ordered against appellant on the stipulation, *with costs in all courts; no opinion.… Y.W.C.A. v. C. of N.Y. Page 1154 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Kochanowitz v. Montgomery Page 1156 Judgment affirmed, with costs; no opinion.… Marasco v. Alvino Page 1157 Judgment affirmed, with costs; no opinion.… Stephenson v. Parker Page 1158 Judgment affirmed, with costs; no opinion.… Friedberg v. Watson Page 1159 Judgment affirmed, with costs; no opinion.… Fendler v. Morosco Page 1160 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Petro. Mejd. Kom. v. Nat. C. Bk. Page 1161 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Palmer v. New York Herald Company Page 1162 Motion granted to the extent of dismissing the appeal from the order granting a new trial as to the second cause of action unless within ten days the appellant files the statutory stipulation for judgment absolute; in other respects, motion denied, without costs. Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… In Re the Accounting of Fuller Page 1164 Motion to amend remittitur denied, without costs.… People v. Arata Page 1165 The affidavits proving or tending to prove that contradictory statements were made by the witness Woodbury, while not sufficient in themselves to require a new trial, were, none the less, of such importance that the cause of justice would be promoted by causing Woodbury to be produced as a witness and subjected to the… Leahy v. Jordan Page 1166 Judgment of the Appellate Division reversed and judgment of the City Court of Troy affirmed, with costs in this court and in the Appellate Division on the ground that there was a question of_fact as to defendant’s negligence; no opinion.… People v. Kahn, Klein Page 1167 Judgment affirmed under Code of Criminal Procedure, section 542; no opinion.… People v. Shoemaker Page 1168 Order affirmed, with costs, and questions certified answered in the affirmative on the authority of Wilson v. Israel (227 N.… Case v. State Page 1169 Judgment affirmed, with costs; no opinion.… Haskell v. Haskell Page 1170 Judgment affirmed with costs; no opinion.… Baer v. Durham Duplex Razor Company Page 1171 Judgment affirmed, with costs; no opinion.… People v. Hirsch Page 1172 Judgment of conviction affirmed; no opinion.… Aetna Cas. S. v. Bowery E. R. Page 1173 Judgment affirmed, with costs; no opinion.… People v. Tissier Page 1174 Judgment affirmed; no opinion. Concur: Cardozo, Ch.… West End Brewing Company v. Osborne Page 1175 Judgment affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Caedozo, Ch.… Judgment affirmed, with costs; no opinion.… Huntting v. U.S. Fid. Guar. Page 1178 Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Tobin v. Hennessy Page 1180 Judgment affirmed, with costs; no opinion.… Matter of Silas Mason Company v. Berry Page 1181 Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the ground mandamus is not the proper remedy; no opinion.… Murphy v. Frank B. Hall Company, Inc. Page 1182 Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Ravine Point Corporation v. Kott Page 1183 Judgment affirmed, with costs; no opinion.… Bottstein v. Miller Page 1184 Judgment affirmed, with costs; no opinion.… Tagg v. City of Lockport Page 1185 Judgment in each action affirmed, with costs; no opinion.… Order affirmed, with costs to the respondents Rossiter?… Order in each action affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.… Matter of Jordan v. Smith Page 1188 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Ciaccia v. Horowitz Page 1189 Judgment affirmed, with costs; no opinion.… Hubbard v. Kensington Bank Page 1190 Judgment affirmed, with costs; no opinion.… Mammana v. Village of Brocton Page 1191 Judgment affirmed, with costs; no opinion.… In Re the Estate of Martin Page 1192 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Judgment affirmed, with costs; no opinion.… In Re the Estate of Brady Page 1194 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Ring v. Ring Page 1201 Motion denied, without costs. Motion denied, with ten dollars costs. Wohl v. Schildkraut Page 1203 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, on the authority of Matter of Gibson (195 N.… In Re the Estate of Flagler Page 1205 Motion for reargument denied, with ten dollars costs and necessary printing disbursements.… Wolf v. Kaufmann Page 1206 Motion granted and appeal dismissed, with costs and ten dollars costs of motion. Order reversed and claim dismissed, with costs against the State Industrial Board in this court and the Appellate Division on the authority of Matter of Marks v. Gray (251 N.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… People Ex Rel. Spinelli v. Walsh Page 1210 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… People Ex Rel. Nasta v. Barr Page 1211 Order affirmed; no opinion. Concur: Cardozo, Ch.… Appeal dismissed, with costs; no opinion.… Matter of City of New York Page 1213 Order affirmed, with costs; no opinion. Concur: Pound, Crane, Lehman, O’Brien and Hubbs, JJ.… Gesell v. Wells, Wells Page 1214 Order affirmed, with costs; questions certified answered as follows: First question in the negative; second question in the affirmative; no opinion.… In Re MacDonald Page 1215 Order affirmed, with costs; no opinion. Concur: CARDOZO, Ch.… Matter of Pendl v. Haenel Page 1216 Appeal dismissed, with costs; no opinion.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of State Treasurer v. Wielandt Page 1219 Order affirmed, with costs; no opinion. Concur: Cabdozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Matter of Hickey v. City of Troy Page 1221 Appeal dismissed, without costs; no opinion.… Johnson v. Schaefer Company Page 1222 Motions granted and appeals dismissed, with costs and ten dollars costs of motions. Order of the Appellate Division and that of the Special Term reversed and motion to dismiss complaint granted, with costs in all courts; question certified answered in the affirmative on the authority of Thompson v. Orange & Rockland Electric Company (254 N.… Matter of Price Page 1224 Order affirmed; no opinion. Concur: Cardozo, Ch.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Appeal dismissed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment of the Appellate Division reversed in so far as it dismisses the complaint and a new trial granted, with costs to abide the event, on the ground that there *619 was a question of fact as to the defendant’s negligence; no opinion.… Judgment affirmed, with costs; no opinion.… Judgment affirmed, with costs; no opinion.… Conklin v. Draper Page 1232 Order affirmed, with costs; question certified answered in the affirmative; no opinion.… Judgment affirmed, with costs; no opinion.… Twitchell v. Rutland Railroad Company Page 1234 Judgment in each action affirmed, with costs; no opinion.… People v. Kalkiewicz Page 1235 Judgment of conviction affirmed; no opinion.… People v. Butler, Bolger, Ferdinandi Page 1236 Judgment of conviction affirmed as to each defendant; no opinion.… Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Judgment affirmed, with costs; no opinion.… State Bank v. Siff Page 1239 Judgment affirmed, with costs; no opinion.… Van Sise v. Smith Page 1240 Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on the ground there is no evidence defendant Was negligent; no opinion.… Judgment affirmed, with costs; no opinion.… American Union Bank v. Bernstein Page 1242 Judgment affirmed, with costs; no opinion.… Matter of Lynn v. Nichols Page 1243 We think this case is controlled by the decision in Matter of Gilfillan v. Beyer (124 Misc.… Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on authority of Schrader v. N.… Judgment affirmed, with costs; no opinion.… Stevens v. Healy Page 1246 Judgment affirmed, with costs; no opinion.… Rosenthal v. Rosenthal Page 1247 Judgment affirmed; no opinion. Concur: Cardozo, Ch.… U.S. Merch. S. v. Klipper Page 1248 Judgment affirmed, with costs; no opinion.… Gridley v. Home Insurance Company Page 1249 Judgment affirmed, with costs; no opinion.… Shields v. Crager Page 1250 Judgment affirmed, with costs, under section 106 of the Civil Practice Act; no opinion.… Judgment, affirmed, with costs; no opinion.… In Re the Accounting of Brennan Page 1252 Order affirmed, with costs; no opinion. Concur: Cardozo, Ch.… Wettlaufer v. Wettlaufer Page 1253 Judgment affirmed, with costs; no opinion.… People v. Platkowitz Page 1254 Judgment affirmed under section 542 of the Code of Criminal Procedure; no opinion.… Matter of Wilson v. Cheshire Page 1255 Order affirmed, without costs; no opinion.… Matter of Lanza v. Ryan Page 1256 Order affirmed, with costs. Eighth question certified answered in the negative.… Rosalsky v. State of New York Page 1257 The question to be determined is the validity under the State Constitution of chapter 772 of the Laws of 1928.… Gesele v. Johansen Page 1258 Judgment affirmed, without costs; no opinion.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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