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 18,022 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.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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16
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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18
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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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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33
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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39
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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42
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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48
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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72
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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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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75
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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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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92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
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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99
Gary Brustein was charged by misdemeanor information in October 2010 in the Southern District of New York with one count of unlawful possession of a controlled substance. The information alleged that Brustein, acting in the course of his professional practice, possessed a quantity of methaqualone — a sedative hypnotic drug commonly known as Quaaludes — without a valid prescription or other legal authorization. The charge was brought as a misdemeanor under the Controlled Substances Act rather than a felony, suggesting Brustein's possession was treated as an unlawful personal possession rather than distribution. The case was prosecuted in an era when methaqualone had been effectively eliminated from the legal pharmaceutical market in the United States for decades.
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100
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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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-misc-lexis › Volume 1947 Opinions in ny-misc-lexis, volume 1947
Citrone v. Palladino Page 1939 The defendant moves to dismiss the complaint for legal insufficiency, or, in the alternative, to strike out 22 of the 28 paragraphs of the complaint, which purports to set forth three causes of action.… Mendoza v. Mendoza Page 1940 This is a motion to dismiss the third cause of action in the amended complaint.… Jung v. City of New York Page 1941 Plaintiffs, who are city-employed welders, each seek to recover from the city the sum of $2,651.47 which they allege is the value of their vacations and the city’s contributions to their pension funds for the period 1938 to 1946 inclusive.… Abbams v. Bromberger Page 1942 TMs is an application pursuant to article 78 of the Civil Practice Act for a restraining order in the nature of a writ of prohibition directed against the respondent, Edgar Bromberger, Chief Magistrate of the Magistrates’ Court of the City of New York, and any Magistrate holding or *699scheduled to hold a term in the… Feig v. Bromberger Page 1943 Like the application in the Matter of Abrams v. Bromberger (19 Misc 2d 698) this is an application under article 78 of the Civil Practice Act for an order restraining respondent Bromberger, Chief Magistrate of the City of New York, from proceeding with the hearing of charges against the petitioner for overtime… In re the Estate of Gruner Page 1944 By its decision (Matter of Gruner, 295 N.… Motion to dismiss the complaint in an action for libel upon the ground (hat if does not state facts sufficient to constitute a cause of action.… Benintendi v. Benintendi Page 1946 At the close of the testimony, motions were made to dismiss and for a direction of a verdict in defendant’s favor.… Kreiger v. Kreiger Page 1947 Defendant was arrested under a civil order of arrest issued pursuant to section 827 of the Civil Practice Act and gave bail.… This is a proceeding instituted pursuant to article 78 of the Civil Practice Act to review a decision of the Zoning Board of Appeals of the Town of Oyster Bay, which granted the application of the Hicksville Airpark Club, the intervenor-defendant, to conduct and operate an airfield on property owned by Hicksville… Ames v. Dubinsky Page 1949 In this action, which has been tried before this court, plaintiffs, originally seven in number but reduced during the trial to four, are members of Local 10 of the International Ladies’ Garment Workers’ Union and also of the International Union.… Astor v. Williams Page 1950 Two motions are here presented and determined.… In re the Estate of Rathbone Page 1951 By agreement of the parties interim disposition is made of the objections interposed by the special guardian in behalf of an infant.… Kaypar Corp. v. Fosterport Realty Corp. Page 1952 This is an action brought to obtain a declaratory judgment.… Widder v. Knaris Page 1954 It was error for the court to refuse to charge that a bailee for hire is not an insurer, and is only required to exercise ordinary care in the preservation of the plaintiff’s property.… This is a multiple motion to dismiss the complaint on no less than six grounds or, in the alternative, to strike out certain portions of the complaint as irrelevant and unnecessary.… Fischer v. New York Central Railroad Page 1956 This ease requires an examination again of that delicate problem which has had so long and controverted a history in the New York courts: When, in a railroad crossing accident, the issue of contributory negligence of the deceased is to be left open for the determination of the jury.… People ex rel. Thornton v. Becker Page 1957 A writ of habeas corpus was issued herein upon the petition of James Thornton.… Owen v. Fisher Page 1959 The complaint alleges in substance that on the 18th day of May, 1946, the defendant Jeannette E.… This is a hearing upon a writ of habeas corpus issued out of this court by Theresa Capra, a sister of the relator Joseph Gagliano, wherein it is alleged that the said relator is illegally imprisoned and detained of his liberty in violation of section 5 of article I of the Constitution of the State of New York and… People v. Levine Page 1962 The defendant Levine moves to dismiss the indictment.… Burtman v. State Page 1963 Claim has been filed to recover damages for the wrongful death of the decedent and for personal injuries, pain and suffering sustained by him prior to his death occasioned through the negligence of the State of New York in permitting its ward to escape.… In re the Will of Goodyear Page 1964 Frank H. Goodyear died on the 13th day of May, 1907, leaving a last will and testament which, among other things, contained the following paragraph described as subparagraph “ D ” of paragraph numbered “Eleventh”: “ D.… Bentz v. Bentz Page 1967 After twelve years of married life plaintiff brings this action to annul his marriage with defendant upon the ground of fraud.… Boynton v. Bassford Page 1968 Memorandum The landlord was prevented by the rent regulation from commencing summary proceedings for several months after the expiration date specified in his notice of termination.… People v. Kugelman Page 1969 Defendants appeal from judgments of conviction rendered in the War Emergency Court of the City Magistrate’s Court of the City of New York.… Dreiblatt v. Taylor Page 1970 Memorandum Under the circumstances disclosed by the record here, the evidence that plaintiffs’ automobile was watched from the front window of an apartment on the first floor of an apartment house before which it was parked, does not show attendance of the vehicle within the intent of the policy excluding “ loss of… 816 Fifth Avenue, Inc. v. Leonard Page 1971 This is a proceeding brought by the landlord, a New York corporation, for recovery of possession of a penthouse apartment now occupied by the tenant at premises 816 Fifth Avenue, New York City.… In re the Accounting of Kandler Page 1972 This is a motion made by the brother of the decedent for leave to file amended and supplemental objections to the account of the administratrix.… Hoffman v. Brown Page 1975 This action originally was brought against the Bowery Savings Bank to recover a balance on deposit therein *263to the credit of the above-named decedent which, during his lifetime, he had assigned to the plaintiffs.… Heller v. Seltzer Page 1978 This is an action for an injunction restraining defendants from alleged violation of a restrictive covenant and directing them to demolish or “ reconvert for proper occupancy ” such buildings as are claimed to violate the covenant in their present form.… In re Millington Page 1979 This is a motion for an order directing the cancellation of record of a judgment in the sum of $3,225 recovered in the Supreme Court of the County of Erie on December 6, 1939, a transcript of which judgment was filed in the Onondaga County Clerk’s Office on December 23,1939.… People v. Fruci Page 1981 Defendant moves to set aside the verdict of a jury convicting the defendant of the crime of assault in the third degree and to dismiss the information and discharge the defendant on the grounds, (1) that the information is defective because it fails to employ the words, “ willfully and intentionally ” in describing… Roth v. Hotel Riverside Plaza, Inc. Page 1982 Memobahdum Plaintiff was admittedly indebted to defendant for unpaid rent and it had the right to retain possession of any property stored with it until the debt was paid (Lien Law, § 181).… Berler v. Grossman Page 1984 Memorandum Although there was no affirmative defense of lack or failure of consideration for the negotiable *202instrument in the hands of one not a holder in due course and for value, the court, in the interests of justice, should have permitted the defendant to offer proof that the consideration for which the… Memorandum The court below was warranted in concluding that the landlord did not prove that it sought in good faith to recover possession of the premises for its own immediate and personal use.… In re the Estate of Spruce Page 1987 The testator died February 8,1912, and his will, dated March 29, 1892, was admitted to probate in this court on June 21,1912.… People ex rel. Liezert v. Foster Page 1988 A writ of habeas corpus having been issued out of this court on the petition of the relator, a hearing was held for the purpose of inquiring into the cause of relator’s imprisonment.… People v. McCarthy Page 1989 The defendant has been indicted by the Grand Jury of Oneida County charged with a violation of section 1825 of the Penal Law.… Connor v. State Page 1990 The motion for leave to reargue is granted and, upon reargument, the original decision is adhered to.… special guardian of the children of Lynn Wentworth.… County of Lewis v. Town of Diana Page 1993 The defendant has moved for summary judgment pursuant to rule 113 of the Rules of Civil Practice.… Industrial Bank of Commerce v. Springer Page 1994 Plaintiff sues to recover on a bond. The bond was given by defendant in 1931 and secured by a second mortgage on real property.… Sanders v. Rolnick Page 1995 The plaintiff was arrested by the defendant late in the forenoon of January 10, 1944, taken to the police station where he was fingerprinted, to police headquarters where he was photographed and made to participate in the line-up, and from there to the Magistrate’s Court where he was released on bail of $500 furnished… People v. Railway Express Agency, Inc. Page 1998 The appeals herein are from judgments of conviction against the appellant Railway Express Agency, Inc., and thirteen individual appellants for violations of section 124 of the Traffic Regulations of the City of New York.… People v. Shapiro Page 2006 The defendant herein, presently serving a term of fifteen years to life in State prison upon his conviction for extortion in 1943, seeks in the form of a writ of error coram nobis, to set aside a prior judgment of conviction entered against him in this court in 1918.… McHale v. McHale Page 2010 Plaintiff, prior to his marriage to defendant on October 19, 1929, was an adherent of the Catholic faith.… Stewart v. Stewart Page 2011 Plaintiff wife sues for divorce. The parties met in 1935.… Bartolotta v. Hecht Co. Page 2012 Motion to dismiss complaint for insufficiency is denied.… Janks v. Braveman Page 2014 This is a motion for an order removing a summary proceeding to recover possession of real property from the Municipal Court of the City of Syracuse to the Supreme Court.… Vanilla v. Moran Page 2015 Plaintiff has instituted this action against Thomas E.… Rice v. Isbell Page 2017 These are motions to dismiss the complaint, made at the conclusion of the plaintiff’s evidence and renewed after all the evidence was in, upon which decision was reserved, and to set aside a verdict recovered by the plaintiff in an action for personal injuries allegedly suffered as a consequence of the negligence of… In re the Will of Troicke Page 2019 On this will construction proceeding it appears that the testator had three brothers and one sister; and that *429the testator and his sister had objections to marriage on the part of themselves and their brothers.… Heide v. Glidden Buick Corp. Page 2022 Memorandum The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time.… This is a motion by defendant to dismiss the complaint in which plaintiff seeks a declaratory judgment reforming a lease agreement entered into between the parties and declaring the termination date of said lease to be April 30, 1947.… Fleischer v. Fleischer Page 2026 TMs is a motion for temporary alimony and counsel fees in a divorce action.… The corporate trustee moves for an order modifying the referee’s report so as to overrule his recommendations allowing certain objections to its account; the object-ants move for an order confirming the report.… Warner v. State Page 2031 Claimant sues to recover damages for false imprisonment.… People v. 20 East 74th Street Corp. Page 2033 The State of New York by a safety inspector of the Department of Labor, has charged the codefendants herein with thirteen violations of section 241-a of the Labor Law and rules 23-8.7 and 23-8.8 of the Industrial Code (3 Official Compilation of Codes, Rules and Regulations of State of New York, p.… White v. State Page 2034 This is a motion for an order dismissing the claim herein on the grounds (a) that claimant does not have legal capacity to institute or prosecute the said claim against the State of New York; (b) that this court does not have jurisdiction to hear or determine the said claim; (c) that the said claim fails to state… In re the Accounting of Boles Page 2036 This is a proceeding for judicial settlement of the accounts of the executor.… United Mutual Fire Insurance v. Saeli Page 2037 This is a motion at Special Term for a judgment on the pleadings by the plaintiffs insofar as the first cause of action alleged in the complaint is concerned.… In re C. I. C. Operating Corp. Page 2040 Heretofore and on December 7, 1946, this court made an order in this proceeding to determine and fix a reasonable rent for the space occupied by one Archie Turner, tenant of premises comprising virtually an entire block between Bridge *445Plaza North and 41st Avenue, 22d and 23d Streets, Long Island City, Queens… This contested probate proceeding was tried before the court without a jury.… Scholick v. Fifth Avenue Coach Co. Page 2052 This suit was commenced by indorsement on the summons.… Wolfer v. National City Bank Page 2053 This action was brought by Mae Jaffe Wolfer, the settlor and life beneficiary of an inter vivas trust, and others, against the National City Bank of New York, to compel the defendant tnistee to restore to the corpus of the trust the loss in value of certain securities purchased by the trustee from its “ securities… This is an action under the J ones Act (Merchant Marine Act of 1920, § 33; U.… In re the Estate of Campanari Page 2057 This appeal by the executors of the decedent herein from a pro forma order fixing the estate tax, is based upon the ground that included in the net taxable estate in said order, upon which the tax is based, is the sum of $20,000 which the executors urge, is not taxable because it should have been allowed as a specific… This action was instituted by the plaintiff as trustee of an inter vivas trust (1) for the judicial settlement of its intermediate account for the period from May 15, 1940, to January 16, 1945, and (2) for instructions with-respect to the (a) liability, if any, of the trust to pay any part of the Federal estate tax… Zirinsky v. Pesce Page 2061 Motion by judgment creditor, under section 794 of the Civil Practice Act, to direct a third party to pay over to the creditor, moneys alleged to be due to the judgment debtor.… Larsen v. McCann Page 2064 The plaintiffs seek to recover from the defendants’ union the sum of $981.74 which they deposited with the union in the following circumstances: Between January, 1941, and October 15,1945, plaintiffs operated a restaurant and night club in which they employed members of defendant union as instrumental musicians.… The plaintiff, in the business of shoring and underpinning buildings, was employed by the defendant, Westorman, to shore two buildings which had become insecure by *547the collapse of a third building that had been standing between them.… H. R. H. Manufacturing Co. v. Dennis Page 2067 This is one of three cases in' which these three landlord corporations, owners of building 37-41 East 18th Street were granted a final order against each of three tenants on the ground (Commercial Bent Law, § 8, subd.… Sternlicht v. Wesling Page 2070 Truman A. Wesling commenced an action in the County Court of Erie County against Mabel J.… Bowman V. Cruz Page 2073 Question arises as to the jurisdiction of the Children’s Court Division of this statutory civil court as a forum for the adult criminal prosecution phase of the Police Department of the City of New York’s commendably vigorous combat against the armed warfare now rampant among organized street clubs of children who… Menchillo v. Menchillo Page 2074 Plaintiff brought an action for separation against the defendant in 1944.… Marino v. Glassman Page 2075 Plaintiff is defendant’s tenant and in a summary proceeding against him a final order was granted in favor of this defendant who was the petitioner in that proceeding.… Hunt v. Hart Page 2077 The tenancy in this proceeding is one from month to month or a tenancy for an indefinite period.… Manasse v. Heine & Co. Page 2083 Pursuant to an agreement, made in France, between the parties hereto, there was submitted to arbitration a controversy in connection with an alleged breach of contract.… Schechter v. Weiss Page 2085 There is no express covenant in the lease under which plaintiff went into possession, which requires defendant to make repairs.… Heller v. Heller Page 2095 This is a motion by the defendant for judgment on the pleadings.… In re the Accounting of Empire Trust Co. Page 2096 The referee has reported upon the several questions referred.… Sutherland v. State Page 2097 This claim has been filed to recover pecuniary damages for the death of claimant’s intestate, Mark Q.… Dowly v. State Page 2098 Claimant’s decedent, Karen Dowly, was admitted on November 21, 1942, to the Creedmoor State Hospital, an institution owned, operated, and maintained by the State of New York for the detention, care and treatment of mentally ill persons.… This summary proceeding was instituted by the landlord, the owner of the leasehold of the premises in concern against the tenant for nonpayment of rent; possession was sought and also a judgment for the amount of the rent due and unpaid.… Newton v. Simon Page 2101 By an order of the court an application under section 287-a of the Civil Practice Act for leave to issue a summons and to serve a verified complaint against the defend*670ants claiming to be adverse claimants to certain specific personal property held within the State of New York was granted ex parte.… Carver v. State Page 2102 This is a negligence claim against the State of New York resulting from an automobile accident on December 24, 1940, on the State highway which leads eastward from Syracuse to Jamesville.… People v. Yarmish Page 2103 Defendant moves to inspect the Grand- Jury minutes or, in the alternative, for a dismissal ol‘ the indictment because of insuffieiemy of evidence.… The lease between the landlord and its tenant Schlick expired on September 30, 1946.… Plaintiffs are social and political clubs located in the East Harlem district within the territorial jurisdiction of the 23d and 25th Precincts of the Police Department.… Sheresky v. Balbrook Realty Corp. Page 2117 This is a motion made on behalf of the defendant trust company to dismiss the complaint on the ground that a prior adjudication constitutes a bar.… Austin v. Gardiner Page 2121 This motion to dismiss the complaint is disposed of as follows: (1) Section 61 of the General Corporation Law requires that in a derivative stockholder’s action “ it must be made to appear that the plaintiff was a stockholder at the time of the transaction of which he complains * * A proper compliance with the… The action was to recover two months’ rent of premises to be used as a milk depot.… Motion by defendants to compel plaintiffs to reply to an affirmative defense.… Hennig v. Goldberg Page 2126 There was, in this ease, no relation of landlord and tenant between plaintiff and defendants.… Clarke v. Shepard Page 2129 The tenant being a monthly tenant for a calendar month, the statutory notice prescribed by section 232-a of the Real Property Law should have been served at least thirty days prior to the last day of the month.… Lane v. Lane Page 2132 Defendant and Jack Brannstein were married on November 30, 1926.… Thos. Cook & Son, Inc. v. Bell Page 2134 This is a motion by the defendant Superintendent of Banks for an order dismissing the complaint under rules 106 and 107 of the Buies of Civil Practice on the theory that the action was not brought within the six-month period specified in section 625 [subd.… Pittari v. Madison Avenue Coach Co. Page 2139 This case was tried before the court and a jury and resulted in verdicts for the plaintiff, Castellano, for personal injuries and for the plaintiff, Pittari, for property damage.… This is a motion to dismiss the second cause of action for insufficiency in law.… In re the Accounting of Bollens Page 2141 Upon this proceeding for the judicial settlement of her account, the executrix has applied for a construction of decedent’s will.… Wynn v. Wynn Page 2143 Motion by the plaintiff to, dismiss, pursuant to rule 109 of the Rules of Civil Practice, the three complete defenses which the defendant has asserted to plaintiff’s first cause of action.… In re Dickstein Page 2144 This is an application by the only surviving child of Samuel and Adele Dickstein, under section 89 of the Membership Corporations Law, for an order permitting the removal of their remains from a plot of the respondent First Strussower Sick and Support Association, sued herein as First Trusower Sick Society, located in… Klein v. Biben Page 2145 This is a motion to strike out all the defenses and partial defenses pleaded in the answer for alleged insufficiency.… Hochstadter v. H. Tarr, Inc. Page 2146 The question involved on this appeal is whether, in the absence of an agreement on the subject, negatives belonged to the customer or to the photographer.… Plaintiff, an eminent conductor of a world-renowned symphony orchestra, and an outstanding international figure in the field of music, who earns substantial sums of money from his various musical activities, seeks to enjoin the publication of a book purporting to be his biography, for which he had refused… Morton v. Morton Page 2152 This is a motion to dismiss the proceedings in this court, because of a divorce decree entered in the State of Oklahoma.… Metropolitan Opera Association, Inc., has brought an action to restrain the defendants from using the name “ Metropolitan Symphony Orchestra ” or the name “ Metropolitan ” or any name or title calculated to have the tendency to cause the orchestra used by the defendants to be confused with plaintiff’s orchestra.… Singer v. State Laundry, Inc. Page 2155 These are motions by the individual and cor- ■ porate defendants for an order dismissing so much of the complaint as seeks to recover for acts committed prior to January 10, 1946, on the ground that plaintiff has not legal capacity to sue.… Crimmins v. Polhemus Page 2158 This is a motion by defendant to compel the plaintiff, who filed a properly verified complaint in this conversion action, but served a copy with defective verification, to accept an unverified answer.… Hecht Co. v. Kuerner Page 2159 The landlord instituted this summary proceeding against the tenant on April 2, 1946, to obtain possession of the premises for its own use.… Montgomery v. East Ridgelawn Cemetery Page 2161 This is a motion by defendant for an order dismissing the complaint on the merits and for summary judgment in favor of defendant.… In re the Accounting of Williams Page 2162 This is a proceeding to judicially settle the account of the administratrix herein.… Lowe v. Western Express Co. Page 2171 The defendant, the Western Express Company, appears specially and moves for an order setting aside the service *178of the summons and complaint herein upon the defendant, the Western Express Company, and declaring such service to be null and void upon the ground that the defendant, the Western Express Company, is a… Lichtman v. Mazzeo Page 2172 This is an action to compel the defendant specifically to perform a contract for the purchase and sale of real property.… Graubart v. Posner Page 2179 Plaintiff brought this action to recover for the loss of a Persian coat and skins originally shipped by plaintiff Graubart Bros., a limited partnership, to defendant Posner’s, doing business in Philadelphia.… Motion by plaintiff for an order dismissing the first, second, third, fourth, fifth and sixth defenses contained in the answer of the defendant Brown & Williamson Tobacco Corporation.… Jacobs v. Eisen Page 2181 Two motions are before the court. Plaintiffs move for a temporary injunction and defendant moves to dismiss the complaint.… Buenos v. Buenos Page 2184 An order for $20 per week for support of petitioner wife and two children was entered hy Justice Siegel on May 3, 1946, sixteen days after their arrival in New York City from Puerto Rico, where the parties had married and separated.… Motion by the judgment debtor for an order directing the Clerk of Suffolk County to cancel of record the transcript of judgment filed and the docket of judgment entered herein in said office on October 13, 1934, and enjoining and restraining the judgment creditor from proceeding upon said transcript of judgment or… Phelan v. Carstens, Linnekin & Wilson Page 2187 The action is to recover overtime compensation, liquidated damages and counsel fee and is brought pursuant to the provisions of the Fair Labor Standards Act of 1938 (U.… In re Mulry v. Beckmann Page 2189 This is an application for an order directing John M.… Gasoff Realty Corp. v. Berger Page 2190 The action is to recover rent for premises occupied by defendant for the month of September, 1946.… Glens Falls Insurance v. State Page 2191 This is an application for leave to file a claim for damages sustained to the yacht of claimant’s subrogor.… Beekman Stock Farms, Inc. v. State Page 2192 This claim was filed herein on September 26, 1941, under the title of “ Beekman Stock Farms, Inc., formerly Lime Bidge, Inc., and J.… Lewis v. Chase National Bank Page 2193 Motion for summary judgment under rule 113 of the Buies of Civil Practice is granted.… Van Pelt v. City of New York Page 2194 The plaintiff sued the City of New York and Raymond W.… TMs is a motion for reargument and a rehearing on new facts of an order denying motion for partial summary judgment.… In re the Probate of the Will of Egger Page 2200 In this probate proceeding the contestant has raised the issue of undue influence as well as of due execution and competency.… Denner v. Denner Page 2208 Considerable testimony has been taken in this proceeding before my learned colleague, Me Clancy, J.… 250-252 West 27th Street Corp. v. Kofsky Page 2211 Subdivision (d) of section 8 of the Commercial Bent Law (L.… Motion by defendants for an order dismissing the complaint and for judgment in favor of the defendant Harrison Williams, pursuant to subdivision 6 of rule 107 of the Buies of Civil Practice, on the ground that the causes of action set forth in the complaint did not accrue within the time limited by law for the… Adams v. Moon Page 2213 It is not questioned that the plaintiff can maintain this action under section 91 of the Justice Court Act (L.… Miller v. Miller Page 2214 In an action for separation instituted nearly four years ago, plaintiff wife now moves to examine the defendant husband before trial as to his earnings, assets, etc., for the years 1943 to date.… The landlord has instituted these proceedings to obtain possession of the basement, store, mezzanine and second floors in the building known as 43 West 57th Street, New York City.… Jones v. Jones Page 2218 The plaintiff herein seeks to annul her marriage to the defendant on the grounds of fraud.… People v. Pearson Page 2222 The appellants herein have been convicted of disorderly conduct under subdivision 6 of section 722 of the Pénal Law, and each sentenced to thirty days in the workhouse execution thereof suspended.… Siegel v. Gottlieb Page 2227 This is a proceeding instituted by the landlord for nonpayment of rent in the sum of $125 for the month of January, 1947.… Randall v. La Farge Page 2233 Memorandum In this summary proceeding by three petitioners to recover possession of premises under subdivision (d) of section 8 of the Commercial Rent Law (L.… In this action plaintiffs seek a declaratory judgment, and also an injunction against interference by defendant with their exercise of the constitutional rights of freedom of speech, of press and of worship in a housing project known as Parkchester situated in the borough of The Bronx of the city of New York.… Leonis v. Ambrosino Page 2239 Memorandum The proceeding herein was brought under paragraph (2) of subdivision (b) of section 6 of.… Canizio v. Marasco Page 2241 This is an application for an order in the nature of a peremptory order of mandamus to compel the County Court of Kings County and the District Attorney of Kings County to give the petitioner a hearing in that court in support of his assertion that his conviction had in that court in 1931 was illegally obtained by… Long Island Railroad v. State Page 2243 The motion herein, made pursuant to rule 103 of the Buies of Civil Practice, is addressed to the contents of the claim which is replete with evidentiary matter and exhibits.… Plessdore Realty Corp. v. Fasano Page 2246 Plaintiff moves for judgment on the pleadings.… Brennan v. Eisen Page 2248 Plaintiffs are dentists. Defendant is a labor union whose membership for the greater part-consists of employees in laboratories making dentures and also has dental assistants and dental hygienists among its members.… Kristel v. Steinberg Page 2252 On this motion by tenants to vacate a final order made February 8, 1946, upon the consent of the tenants contained in a written stipulation entered into between the respective parties and their attorneys on February 4, 1946, which stipulation also contained a consent by the landlords to a stay of the execution of the… Slade v. Louis Hornick Co. Page 2253 This summary proceeding for the recovery of rented commercial.… In re the Accounting of Ricciardi Page 2257 The issues before the court in the above-entitled matter arise in connection with the accounting in the estate-of John Ricciardi, also known as Giovanni Ricciardi.… This action relates to an accident which occurred on July 1, 1941, at the intersection of Union Avenue and First Street, New Rochelle, New York.… In this action a mortgagor is suing Ms mortgagee for the return of interest payments which the mortgagor claims are excessive.… In re the Estate of Dunham Page 2267 Decedent and her husband both died on May 8, 1946, from natural causes.… In re the Estate of Dunham Page 2268 Decedent and his wife both died on May 8, 1946, from natural causes.… In re the Estate of Schopperle Page 2269 The objections of the respondent Margaret Hamm are overruled and dismissed and the application to sell the decedent’s realty at public or private sale for the purposes set forth in the petition is granted.… Franklin E. Tyrell, Inc. v. Vahlsing Page 2275 In this action by a real estate broker to recover commissions from the owner of certain realty for whom he claims he produced a buyer, the owner has impleaded the alleged buyer by serving on him a third party summons and complaint, pursuant to section 193-a of the Civil Practice Act (added by L.… Salzberg v. Raynay Holding Corp. Page 2276 This is a motion, pursuant to subdivision 4 of section 193-a of the Civil Practice Act, made by the third party defendants to dismiss the third party complaint on the grounds of improper joinder, that the same questions of law and fact are not involved in both causes of action, and that a joint trial would result in a… Carroll v. City of New York Page 2277 Application for leave to serve an amended notice of claim so as to include a verification thereof.… Perito v. Northern Insurance Page 2278 The defendant, having accepted the suggestion of the court at the close of the plaintiff’s case and reserving its motion to dismiss at that time, now at the close of the entire case moves first to dismiss the complaint with the same force and effect as if made at the close of the plaintiff’s case, and at the close of… People v. Frantz Page 2279 The appellant herein was convicted of a violation of subdivisions d, e and f, of section 53, and subdivisions (a) and (b) of section 49 of the Bules and Begulations of the Department of Parks of the City of New York, in that he operated a tow truck on the Henry Hudson Parkway without a permit for that purpose from the… In re the Estate of Baker Page 2282 This is an application for letters of administration made by the designee of two first cousins on the maternal side who allege that they are decedent’s only distributees.… Motion to confirm award denied. With respect to the contention of the respondent that the collective bargaining agreement expired on August 31, 1946, and that the arbitrator was without power to act thereafter, I am of opinion that this point is untenable.… Burger v. Neumann Page 2292 Defendant moves to dismiss the complaint upon the ground that the alleged cause of action stated therein is against public policy and barred by sections 61-b, 61-d, 61-e, 61-f and 61-g of article 2-A of the Civil -Practice Act.… Claimant moves for leave to amend the claim heretofore filed herein in the respects shown in the proposed amended claim which it has attached to the moving papers and which it asks leave to file herein.… Kemp v. Rubin Page 2295 In 1939 eighteen owners of real property on 177th Street between 112th and 114th Avenue, in the Addisleigh section of St. Albans, Queens County, executed a restrictive covenant' reciting ‘ ‘ that no part of the land now owned by the parties hereto * * * shall ever be used or occupied, or sold, conveyed, leased, rented… People v. Loremady Realty Corp. Page 2296 The appellants herein were convicted under thirty-eight complaints charging violations of the New York State War Emergency Act (L.… People ex rel. Michael v. Michael Page 2298 Relator, Edythe Michael, and defendant, Julius Michael, were married in New York, June 1, 1939.… Two Avenue D Corp. v. City of New York Page 2299 Memorandum Under authority of Matter of City of New York (Bronx River Parkway Extension) (N.… Meisels v. J. C. A. Trading Corp. Page 2302 The complaint alleges that' the plaintiffs were originally tenants of the defendant pursuant to a written lease.… New York County Lawyers' Ass'n v. Bercu Page 2306 This is a proceeding brought by the New York County Lawyers’ Association charging that the respondent, Bernard Bercu, a certified public accountant, is engaged in the unlawful practice of the law.… Lewin v. New York Ambassador, Inc. Page 2307 When this cause came on for trial the parties made preliminary motions.… 47 East 74th Street Corp. v. Simon Page 2308 Memorandum If notice were required under section 232-a of the Real Property Law, the notices here given as provided for under the lease were sufficient.… Jones v. Chapel Hill, Inc. Page 2309 Defendant is the owner of four contiguous lots consisting of Nos. 137, 139 and 141 East 71st Street and No. 986 Lexington Avenue, the whole comprising the northeast corner of Lexington Avenue and 71st Street, a plot of some 54 feet on 71st Street and about 122 feet on Lexington Avenue.… Huber v. Ruby Page 2310 This is an action wherein plaintiff prays for a declaratory judgment and for an injunction.… In re the Accounting of Appel Page 2311 In this executors’ accounting proceeding petitioners seek advice and instruction with respect to proration of estate taxes paid by the executors.… Corwin v. Board of Elections Page 2312 This application by order to show cause seeks to restrain the Board of Elections of the Village of G-reenport from placing on the ballot for the coming village election the names certified to the said board as the candidates of the Bepublican Party on the ground that the caucus at which the nominees were selected was… Petrozak v. State Page 2315 The above-captioned three claims arose from the same accident, were tried together, and will be dealt with in a single opinion.… In re Eaton Page 2318 The petitioner seeks the appraisal of her stock in the Hinman Milking Machine Company and the purchase thereof by the company at the appraised valuation.… H. P. Drewry v. Onassis Page 2319 The plaintiff is a French corporation. A previous action brought by it against this defendant was dismissed by order of the Appellate Division in June, 1943, and the order and judgment of the Appellate Division were subsequently affirmed by the Court of Appeals (266 App.… Sippell v. Hayes Page 2320 The plaintiff, Emma F. Sippell, was married to one William D.… In re the Estate of Stevenson Page 2321 The decedent died a resident of Washington County on November 8, 1945, at the age of sixty-eight years.… Labbate v. Labbate Page 2323 Official Referee. By order dated January 10,1947, this undefended action for annulment was referred • to me as Official Referee by Mr. Justice Hoestadteb from Special Term, Part I, Bronx County, to hear and report.… Fortune v. Hyle Holding Corp. Page 2324 The plaintiffs brought an action to recover damages for personal injuries and loss of services respectively against the defendants, Hyle Holding Corporation and Louis Pignatore.… Reed v. James W. Bell & Co. Page 2326 (dissenting). The question presented is whether the landlord comes within any of the exceptions set forth in section 8 of chapter 3 of the Laws of 1945, as amended by - chapter 272 of the Laws of 1946.… The above-entitled actions were originally brought to collect the proceeds of life insurance policies issued on the life of the deceased, Glenn H.… Christman v. State Page 2330 Claimant’s properties, abutting upon State Highway 12B and known by numbers 10 and 15 Franklin Avenue, in the village of Clinton, were damaged on September 25, 1945, by flood waters which, because of the inadequacy of certain culverts and the storm-water sewer system thereat, had overflowed onto the highway and the… People v. Nahman Page 2335 On March 15, 1946, at 12:30 p.m. the appellants, thirteen in number, as part of a prearranged plan, carried placards into City Hall Park and were shouting disapproval of Winston Churchill who was then the guest of the Mayor of the City of New York.… Lo Bianco v. Holt Page 2336 The plaintiffs are copartners engaged in the cigarette vending business.… People v. Tobin Page 2337 The complaint of disorderly conduct charges that, with intent to provoke a breach of the peace, and under circumstances whereby a breach of the peace might be occasioned, the defendants, to the great annoyance of the management and employees of the said premises (in front of premises at the northwest corner of 42nd… This is a special proceeding brought pursuant to the provisions of section 1458 of the Civil Practice Act to restrain permanently an arbitration proceeding instituted by the respondent.… Silverman v. Silverman Page 2347 The plaintiff herein moved this court by notices of motion returnable on the 17th day of December, 1946, (1) for a modification of a decree of separation entered hereon on the 1st of November, 1940, and (2) for leave to enter a money judgment for accumulated alimony unpaid under the provisions of said judgment.… Blaine v. Clark Page 2348 This is an action for treble plaintiff under subdivision (e) of section 205 of the Emergency Price Control Act of 1942, as amended (U.… Jones v. Jones Page 2354 Subdivision (1) of section 92 of the Hew York City Domestic Relations Court Act (L.… Brilliant v. Raidy Page 2357 Plaintiff brings this action against the defendants to recover the sum of $275.… Clements v. Rockefeller Page 2359 This action is brought by plaintiff to recover damages resulting from the death of plaintiff’s intestate upon allegations of negligence of defendant, Rockefeller, Jr. Plaintiff’s intestate was employed by C.… The plaintiff corporation is the owner of premises 850 Manida Street, The Bronx, a plot of ground known as Mock 2740, lot 62, on the county land map.… Cranford Co. v. L. Leopold & Co. Page 2365 This is an action brought by Cranford Company, Inc. (Cranford), for determination by the court of the order of priority of the various liens and claims existing against certain funds due to defendant L.… Bedini v. Christo Page 2372 Defendant brings this motion under rule 107 of the Buies of Civil Practice, to dismiss the complaint upon the ground that the contract on which the cause of action is founded is unenforcible under the provisions of the Statute of Frauds.… This motion made by the defendant for summary judgment under rule-113 of the Rules of Civil Practice is granted.… In re the Estate of Cohn Page 2381 On January 3, 1947, Isidore Cohn died in the city of Buffalo in what then appeared to be the most humble of circumstances.… Di Lello v. Carozza Page 2382 Memobandum It clearly appears from all the attendant circumstances surrounding the making of the lease herein that it was the intention and understanding of the parties thereto that the phrases, “ duration of the war ” and “ end of the war ”, were to mean that day which marked the end of actual hostilities with our… Graham v. Douglas Aircraft Co. Page 2383 This motion to dismiss the complaint for factual insufficiency is denied.… Under the authority contained in section 100-c of the Banking Law of the State of New York, on June 21, 1945, petitioner established its “ Discretionary Security Trust Fund ‘ A ’ ”, herein referred to as the “ trust fund ”, and proceeded to place therein funds aggregating nearly one and a half millions of dollars from… The petitioning board instituted a proceeding to compel the defendant owner of an apartment house *550to bargain collectively, etc., with the union and reinstate an employee with pay, etc.; the board moves upon “ the entire record of the proceedings before the Board, including the pleadings, notice of hearing… Cannon v. Towner Page 2388 Plaintiff is the president of an unincorporated association existing to promote the welfare and develop the cultural life of the Negro in the community with special emphasis upon the contribution made by the Negro.… Smiling Lady Corp. v. Rosenthal Page 2390 Final order affirmed, with $25 costs. Concur: Hammer, Shientag and Eder, JJ. Crowley v. City of New York Page 2392 Plaintiff seeks to amend a notice of claim so as to increase the amount sought -and to correct the period of time affecting the-amount assertedly due.… People v. Zavier Page 2398 BetAveen the hours of 3:00 and 4:00 p.m. on March 24,1947, the defendant was observed in the vicinity of his tailor shop at 189 Third Avenue, in the county and city of New York, by the arresting officer, who testified that during that time several men approached the defendant, consulted scratch sheets containing… In re the Accounting of Bank of New York Page 2399 The petitioner is the trustee of an express trust under a declaration of trust.… Hoolahan v. United States Lines Co. Page 2400 Defendant, a New Jersey corporation maintaining its corporate office at Hoboken, New Jersey, but doing business within this State at its general offices at No. 1 Broadway, New York City, which city is the principal port for defendant’s ships, moves this court to refuse to exercise jurisdiction in this action and to… Stephens v. Carney Page 2402 This is a summary proceeding commenced in October, 1946, by the landlord to obtain possession of real property for his own use.… By writing dated July 29, 1946, relator, Anne Isabelle Davidson Harris, an intelligent and educated woman, twenty-eight years of age, unconditionally surrendered her' infant daughter, Stephanie Ann Burris, born October 19, 1939, to the Commissioner of Welfare of the City of New York for the purpose of placing such… Thompson v. Waller Page 2405 Memorandum The so-called binder by its very terms was conditional, and there was therefore no meeting of the minds of the sellers and proposed purchaser.… This is an action brought to recover from the defendant insurance company (Insurance Law, § 167), the amount of two judgments obtained by the two plaintiffs against one Vincent J.… Serval Slide Fasteners, Inc. v. Molfetta Page 2409 After adherents of the American Federation of Labor and Congress of Industrial Organizations Unions had competed for a long time at plaintiff’s plant in their respective efforts to organize plaintiff’s employees, they petitioned the National Labor Relations Board to hold a “ consent election ” and permit the employees… Logan v. Sherman Page 2411 Memorandum Subdivision (e) of section 2 of the Commercial Bent Law (L.… People v. Minuse Page 2413 This is an action instituted pursuant to article 23-A of the General Business Law (Martin Act), to permanently enjoin the defendant from engaging in the securities business in the State of New York.… Ingersoll v. Curran Page 2414 The proceeding is in the nature of mandamus.… The relatpr was convicted of assault, second degree, in the Broome County Court on September 30, 1926, and sentenced to a definite term of ten years.… Pomeroy v. Westaway Page 2416 Plaintiff was and still is a stockholder of defendant A.… Remch v. Grabow Page 2420 Motion by third party defendant to dismiss the third party complaint.… In re the Estate of Miller Page 2422 On this compulsory judicial settlement proceeding a dispute has arisen over-the amount of commissions to which the executor is entitled, which in turn depends upon whether certain provisions of the will herein constitute a specific or general devise or legacy.… Petitioners challenge the validity of the election of directors of the respondent, Bushwick Savings and Loan Association (hereinafter referred to as the “Association”), because of alleged irregularities, and bring this application pursuant to section 25 of the General Corporation Law to have themselves declared to be… This motion is brought for leave to renew a prior motion to intervene, decided adversely to the relators and for an order vacating the order entered on the prior decision and for a new order allowing the relator, Lehigh Valley Railroad Company, to intervene in certain pending certiorari proceedings (189 Misc.… Johnson v. Johnson Page 2429 This is an action to annul a marriage. The action was commenced February 3, 1947.… Bank of New York v. Allen Page 2430 The question submitted to this court for decision is the proper distribution of the corpus of the trust fund created by article first of the will of Mary Rebecca Ray, dated April 12, 1872..… Scala v. Ruchlamer Page 2431 Memorandum It appears that this proceeding was brought for nonpayment of rent.… Gross v. Surface Transportation Corp. Page 2432 The court reserved decision on the defendant’s motion for a mistrial when made during the summation of plaintiff’s attorney and also when 'repeated after the jury returned its verdict.… Fawcett Publications, Inc. v. Greenwald Page 2435 In this application for an order to show cause the landlord seeks 11 to strike out the word discontinued which was marked upon the record of this Court on November 7, 1946, and to place this case on the General Reserve Calendar and to mark the stipulation submitted herewith and marked Exhibit A ‘ So ordered,’ nunc pro… In re Singer Page 2436 Petitioner, a shareholder of the State Laundry Co., Inc., owning or interested in one fifth of the issued and outstanding stock of that corporation, seeks an order setting aside a meeting of the stockholders of the corporation held on April 8, 1947, at which directors were removed and new directors elected.… Kunstler v. Porter Page 2437 Memorandum The tenant transferred her entire estate in the lease without retaining a technical reversion.… Sellari v. Palermo Page 2438 This action is for damage sustained by plaintiff in an automobile collision with defendant on April 17,1945.… Ettinger v. Canby Corp. Page 2440 This is a summary proceeding to evict the.… In re the Accounting of Finkelstein Page 2442 The decedent herein died on the 13th day of February, 1945.… Caldwell v. Caldwell Page 2444 It is urged by the respondent that this court was ousted of jurisdiction in this matter for the reason that the Supreme Court of the State of New York, Kings County, in an action instituted by the petitioner herein, has assumed jurisdiction of the persons and the subject matter litigated in this court.… Boone v. Boone Page 2445 In this proceeding for a support order respondent challenges the primary allegation that petitioner is his wife.… Friedman v. Riley Hogan Co. Page 2447 This court granted permission to appeal. The jury waiver provision in the lease carried over into the statutory tenancy (130 West 57 Corp. v. Hyman, 188 Misc.… Scamp v. State Page 2453 On July 21, 1945, claimant and bis wife were, and since 1930 had beén, the owners of a parcel of land about three fourths of an acre in area with a dwelling house and o'ther structures located thereon, and situate on the west side of Route No. 96 in Bushnell’s Basin, town of Perinton, Monroe County, New York.… In re the Accounting of Lehmann Page 2454 Deceased drew her will on March 21, 1941.… Reichhold Chemicals, Inc. v. Wells Page 2458 Motion to dismiss complaint for legal insufficiency on the ground that it fails properly to plead the performance of certain conditions precedent.… Hoppe v. City of New York Page 2459 Plaintiff moves to amend the notice of claim and intention to sue.… Jetter v. Hofheins Page 2460 Petitioner in this proceeding is engaged in the advertising business and in such business he erects and maintains painted and electric advertising displays.… Franklin v. Muckley Page 2461 It appears that an action was instituted in this case by the plaintiff-judgment-creditor against the defendant-judgment-debtor.… Olsen v. Olsen Page 2471 Olava K. Olsen, hereinafter called “ Olava ”, and Harry M.… In re the Will of Maidel Page 2472 The executor seeks a construction of the will herein to determine whether a legacy of $2,500 given to the *684testator’s widow is a charge upon his house and lot which he specifically devised to a lady friend, who kept house for him.… People v. Bertola Page 2473 Defendant Bertola applies for a certificate of reasonable doubt pending his appeal from a judgment of the Court of Special Sessions of the City of New York, convicting him of the crime of possessing adulterated and misbranded food (Agriculture and Markets Law, § 199-a).… In re the Probate of the Will of Elias Page 2474 In this probate proceeding a separate issue was formulated respecting the fact of death.… In re the Will of McLaughlin Page 2476 The decedent was a lawyer and was for several years an Assistant District Attorney of Erie County.… Richardson v. Long Island Rail Road Page 2482 Plaintiff, in an action to recover damages for personal injuries, moves to vacate items 4 and 5 of defendant’s demand for a bill of particulars upon the ground that the acci*162dent in question occurred under circumstances that render the doctrine of res ipso loquitur applicable.… In re the Will of Brown Page 2484 This is a proceeding to construe the will of the decedent.… Rabinowitz v. Automem, Inc. Page 2493 Motion for summary judgment is denied with leave to renew.… This action was instituted by plaintiffs against the defendant Moshassuck Transportation Co. to recover the value of certain merchandise consisting of_ textiles owned by the plaintiffs, and which had been turned over to Moshassuck Transportation Co. for delivery to certain designated consignees in the city of New York.… Litsky v. Fulton Operating Corp. Page 2499 Motion by judgment debtor to vacate subpoenas in supplementary proceedings, heretofore served upon the judgment debtor and upon the National Bronx Bank, as a *399third party, containing the usual restraining provisions.… Sternau v. Sternau Page 2500 Upon the facts hereinafter set forth, this proceeding is hereby marked ‘1 Reserved Generally ’ ’ pursuant to Family Court Rule XXIV, viz.: *857“ (a) There may be marked 1 Reserved Generally ’ any proceeding in which: * * * (2) As the result of petitioner’s * * ° action (including recourse to the Supreme Court of the… Raphael v. Raphael Page 2501 Motion to dismiss the complaint in an action on a foreign decree of divorce for the recovery of alimony alleged *145to be due thereunder.… Chinn v. Butchers' Mutual Casualty Co. Page 2507 This case came on for trial before the court without a jury.… Plaintiff brought this action upon an insurance policy issued by the defendant to recover the value of five cartons ■ and one package of merchandise belonging to the plaintiff, which goods were allegedly stolen while in transit.… In re the Accounting of Alhart Page 2522 In this judicial settlement proceeding construction of the will is requested in two respects.… In re the Accounting of Vincent Page 2527 The sole question presented for determination in this proceeding for the judicial settlement of the account of the administratrix is the status of the objectant who claims to be a daughter of decedent and entitled to share in his estate.… J. C. A. Trading Corp. v. Meisels Page 2529 The landlord brought this dispossess proceeding to obtain possession of commercial space occupied by the tenants as statutory month-to-month tenants.… Martin v. Huber Page 2531 Motion granted. Two separate levies were made by the sheriff under the warrant of attachment.… In August, 1941, the plaintiff as tenant and defendant’s predecessor as landlord, entered into a lease of premises for commercial purposes, for a term ending January 31, 1947.… Wernick v. Mehl Realty Co. Page 2535 This is an action by a tenant and his wife to foreclose a tax lien acquired by them from the City of New York affecting the property of his landlord.… Franklin v. Franklin Page 2536 Petitioner requests maintenance and support in the sum of $25 a week from respondent as Ms wife.… Beck v. Wallander Page 2537 Motion granted. The petitioner is a professional dancer and at present under engagement to perform in a cabaret in the borough of Manhattan.… Kirsch v. Provident Loan Society Page 2538 (dissenting). With respect to Provident Loan my dissent is placed upon the ground that it, as a bailee, did not use that degree of care, before delivering the pledged article to Goldman, as a, reasonably prudent person should have done, in the circumstances.… Cross motions are made, petitioner on the one hand seeks the confirmation of an arbitrator’s award and the entry of judgment thereon, and on the other hand respondents, appearing specially, seek a dismissal of the petition on the ground of lack of jurisdiction over respondents, nonresident individuals and a foreign… Zajaczkowski v. State Page 2540 This claimant is an infant who at the age of six years was admitted to the Newark State School, a State operated institution for the care of mentally deficient children.… In re Barkin Page 2542 This is an application “ for an order cancelling and discharging a certain notice of lien filed by the Department of Health of the City of New York, in the office of the Clerk of *359Queens County, on the 38th day of September, 1946, against Samuel Babkin, Mu.ton Babkin and Jesse H.… Concord Freeholders, Inc. v. Dawna Page 2545 Memorandum The Office of Price Administra- tion certificate relating to eviction was issued under paragraph (1) of subdivision (b) of section 6 of the Bent Begulation for Housing in the New York City Defense-Bental Area (10 Federal Begister 11668) for the purpose of permitting demolition of the premises in question “… In re the Accounting of Dugan Page 2546 There has been presented to me a petition by-William J.… Polk v. City of New York Page 2547 This is an application for leave to serve a notice of claim on the City of New York pursuant to the provisions of section 50-e of the General Municipal Law.… Slade v. Louis Hornick Co. Page 2550 The petition alleges that three out of five owners in common of real property seek in good faith to recover possession for their immediate and personal use, and allege that they have an equity of not less than 25% of the purchase price and an interest of not less than 50% of the whole investment in the business which… In re the Arbitration between Strauss Stores Corp. & Local 830 Retail & Wholesale Employees Union Page 2553 Application by petitioner for an order staying arbitration and cross motion by respondent to compel arbitration.… Sabatino v. Sabatino Page 2554 This motion by plaintiff to further modify the final decree, due to changed conditions, by increasing the amount of alimony, referred by Mr. Justice Hallinan, is granted and amount is fixed at $24.01, being one half of defendant’s net income.… In re the Estate of Sheppard Page 2555 This is a proceeding brought under section 145-a of the Surrogate’s Court Act.… Action in replevin to recover possession of certain sewing machines or, in the alternative, damages in the sum of $3,400.… The defendant bank holds a balance of $52,505.73 in a deposit account standing in the name of A/S Merilaid & Co., a corporation organized under the laws of the Republic of Estonia.… In re Anonymous Page 2560 This is a support proceeding under the Children’s Court Act.… In denying the original motion (188 Misc.… Shelton Building Corp. v. Baggett Page 2570 Memorandum It was error to dismiss the landlord’s petition for failure to serve a thirty days’ notice to terminate the tenancy.… 949-957 Park Avenue Corp. v. Hansen Page 2571 *424Memorandum The evidence establishes that from September 15, 1946, to and including September 30, 1946, the appellant was in occupancy and possession as tenant of the landlord.… Pavone Textile Corp. v. Souffront Page 2572 Without an order of the court permitting such service, the plaintiff served the defendant in Puerto Eico with a summons and complaint which called upon the latter to appear and answer within six days from the date of service.… Frost v. Frost Page 2573 Two motions. The plaintiff’s motion is for an order directing the entry of a judgment for arrears in alimony, and the defendant, by cross motion, applies for a modification of the final judgment of divorce by eliminating the provision for alimony.… This motion is by the District Attorney of New York County for the dismissal of the petition on the grounds (1) of insufficiency; (2) that a review is sought of a determination in a criminal matter not involving a criminal contempt of court; (3) the Court of" General Sessions has jurisdiction of the petitioner and of… In re Fraydun Realty Corp. Page 2578 In a proceeding to fix the emergency rent for certain business space, petitioner moves to vacate respondent’s demand for a bill of particulars.… Juliano v. State Page 2580 Claimant sues to recover for damage sustained to his automobile in the early morning of March 24, 1944, when said automobile, while being driven upon New York State Highway Route 9W, also known as Storm King By-Pass, in the town of Cornwall, Orange County, New York, by his son with his *182"consent and permission… In re the Will of Hart Page 2583 Petitioners, trustees under the will of this decedent, request a construction of paragraph “ Second ” of the will which reads as follows: “ Second: I give, devise and bequeath all the rest, residue and remainder of my estate, whatsoever its nature or kind and wheresoever situate to my Trustees hereinafter named in… In re the Estate of Thompson Page 2585 Deceased subscribed the instrument propounded as her will under text which said: “ I have hereunto subscribed my name at the end hereof, and sealed, these presents and do publish and declare the foregoing as and for my last will * * (Italics supplied.) To the right of deceased’s subscription of the will there was a… Mills v. City of New York Page 2586 One of the third party defendants moves to dismiss a third party complaint, claiming that no canse of action is stated.… Ellsworth v. Ellsworth Page 2588 Plaintiff, in an action for a judicial separation based on the grounds of (1) abandonment by the defendant on or about January 14, 1947; (2) cruel and inhuman treatment, and (3) refusal to provide suitably for her support and maintenance (Civ.… Myer v. Myer Page 2589 This'is a motion brought on by order, to show cause, asking that the judgment debtor Bernard Myer be punished for his civil and criminal contempt in failing to obey an Oral order of Mr. Justice Hofstadteb* The Judgment debtors Jerome, Philip and Bernard Myer are trustees of an inter vivas trust set up by the… Greenberg v. Karnetsky Page 2591 Memorandum There is nothing, in the record to warrant a finding that the landlord does not intend to use the Office of Price Administration certificate for the purpose for which it was issued.… McDonald v. Daly Page 2592 This is an action in strict foreclosure, the purpose of which is to extinguish, the right of redemption of defendant in certain real property and in which plaintiff asks that a judgment be entered fixing the right of defendant in said real property and that said judgment shall provide that a failure by defendant to… Van Buren v. Ford Page 2593 The defendant, Consuelo W. Ford, and her husband own and occupy a farm residence in a secluded section of Columbia County.… In re the Accounting of Wolf Page 2595 The compensation requested by the attorney-trustee for the legal services rendered by Mm appears to be reasonable, and will be allowed in the amount requested.… People v. Tator Page 2599 The defendant was convicted of the charge of violating subdivision 6 of section 70 of the Vehicle and Traffic Law.… In re the Will of Lissberger Page 2601 The petitioner, who is the income beneficiary ■ of one of the trusts and also a cotrustee, asks a construction of the will and instructions as to whether certain shares of stock issued by a corporation constituted a stock dividend.… In re the Probate of the Will Clonney Page 2602 In the proceeding for the probate of the last will and testament of the decedent above named, petitioner prays for a construction of certain provisions of said will pursuant to section 145 of the Surrogate’s Court Act.… People v. Nierman Page 2603 The complaint alleges • that the defendant Merman is engaged in the operation of a junk shop at 269 Ellery Street, in the borough of Brooklyn, city of New York, and that, having failed to obtain a junk dealer’s license, he is conducting this shop in violation of section B32-114.0 of the Administrative Code of the City… Epolito v. Epolito Page 2604 Verdicts have heen returned in favor of both plaintiffs against the defendant, Frank G-.… Triglianos v. Henry Moss & Co. Page 2606 Motion by the third party defendant for an order pursuant to section 193-a of the Civil Practice Act and subdivision 5 of rule 106 of the Buies of Civil Practice, vacating the *158service of the third party summons and complaint herein and dismissing the said third party complaint upon the grounds that the third party… Bleeck v. State Page 2608 This claim was filed pursuant to chapter 927 of the Laws of 1946, an enabling act.… A warrant of attachment was issued against the property of the defendant Country Distillers Products, Inc. (hereafter called defendant or corporate defendant); the warrant was served on Foster & Company, not a party to the action; it moves, under the provisions of section 948 of the Civil Practice Act to vacate and… People v. Komar Page 2610 The appellant herein was convicted in the City Magistrate’s Court, War Emergency District, The Bronx, on three separate complaints charging: (1) That the appellant-landlord demanded and received for certain housing accommodations rent in excess of that pre*257scribed by subdivision (a) of section 4 of the Bent… Vangellow v. City of Rochester Page 2616 Plaintiffs own the real estate situated on the south side of Main Street West between Ford Street and Favor Street, in the city of Bochester, New York.… Tinyes v. J. Rich Steers, Inc. Page 2618 Memorandum: Separate actions were instituted by two groups of employees to recover alleged overtime compensation, liquidated damages and counsel fees under the Fair Labor Standards Act of 1938 (U.… Ingersoll v. Heffernan Page 2619 This proceeding was instituted pursuant to subdivision 1 of section 330 of the Election Law.… Final order and judgment affirmed, with $25 costs.… In re the Estate of Mullins Page 2623 The executors have failed to sustain the burden of establishing a change of domicile by the decedent from New York to France.… Waff v. Waff Page 2630 This is an annulment action. It appears that the plaintiff was divorced from her first husband in 1930, and since that time she raised and supported her three children for seventeen years by working and operating a rooming house in that part of Buffalo, New York, known as South Buffalo.… In re the Estate of Walsh Page 2631 The problem presented on this motion, is the applicability of the provisions of section 249-q of the Tax Law which provide for exemptions in favor of the widow and sons of this decedent.… Saks v. Saks Page 2638 The problem presented in this proceeding is the determination of the paternity of the child, Karl Bernard.… Walsh v. Mazzariello Page 2643 In this action to recover on three notes to the order of plaintiff’s assignor, plaintiff (a clerk in the office of the assignor’s attorneys) is the nominal assignee of the Boston and Albany Employees Credit Union.… Central Surety & Insurance v. Marro Page 2645 Plaintiff insurance company brings this action against its insured to recover insurance premiums in the sum of $1,266.88.… People v. Fishgold Page 2647 On June 18, 1942, the defendant was found guilty of murder in the first degree, for the killing of one Michael J.… O'Riordan v. Nick F. Helmers, Inc. Page 2651 Defendants move to reopen this case and for leave to amend their answer to plead that their failure to pay overtime compensation under the Fair Labor Standards Act of 1938 (U.… This is a certiorari proceeding brought to set aside an assessment on property owned by the relator on the ground that the property is exempt from taxation pursuant to section 4 of article 1 of the Tax Law.… Relator, a religions corporation, the owner .of chnrch property located in the borough of Manhattan, denied exemption from taxation of its property, seeks a review of that determination.… Horton v. New York Life Insurance Page 2672 Defendant moves for summary judgment. The facts are conceded for the purpose of this motion, and they are as follows: Deceased was wholly disabled from October 19, 1943, to July 2,1945, when he died.… Santoro v. Central New York Power Corp. Page 2680 A jury has awarded plaintiff a verdict of $8,251.56 for loss of lettuce and romaine due to failure of defendant to provide an adequate transformer for supply of electric current to a cold storage plant leased by plaintiff, and to timely replace the transformer.… Harper v. Wayman Page 2686 A tort judgment was secured against the defendants herein, one of whom, Mr. Wayman, was insured with the General Accident Fire and Life Assurance Corporation, Ltd., which company ultimately paid the entire judgment.… Monahan v. State Page 2687 It appears from the moving papers herein that an agreement for the sale of certain real property located in the town of Lebanon, Columbia County, Was entered into by the Home Owners’ Loan Corporation and petitioner on or before February, 1941, which contract provided for the delivery of a deed of such property to… Gillespie v. Du Mond Page 2692 When the complaint is read carefully in search of its factual theory and a great many statements of proceedings in this court are sifted out, it will he seen that one of the essential things plaintiff complains of is that the Commissioner of Agriculture and Markets should have renewed his license *404because some of… Caldwell v. State Page 2693 This claim is for damages to the automobile of the claimant due to the alleged negligence of the State of New York, its officers and employees, and was filed in the office of the Clerk of the Court of Claims on Juné 20, 1947, and as appears by the evidence has not been assigned or submitted to any other court or… Forker v. Royal Development Co. Page 2700 This matter was returnable at Special Term of this court June 25,1947.… Breslin v. State Page 2701 On April 8, 1946, the claimant, Raymond Breslin, then sixteen years of age, was an inmate of the New York State Training School for Boys at Warwick, New York, an institution for delinquent boys.… The defendants* Soldier’s and Sailor’s Memorial Hospital of Yates County and the Women’s Society of Christian Service of the First Methodist Church of Penn Yan have not appeared in this action.… In re the Accounting of Luckenbach Page 2704 Motion for the appointment of an official referee to hear, report upon and continue the examination under the provisions of section 263 of the Surrogate’s Court Act is granted.… In re Price, Low & Parker, Inc. Page 2706 Petitioner landlord has moved pursuant to subdivision (e) of section 2 of the Commercial Rent Law (L.… Sanctuary v.Thackrey Page 2709 Plaintiff sues to recover damages for libel.… Mulligan v. City of New York Page 2710 This motion is by plaintiff, Public Administrator of the County of New York, as administrator of the estate of the deceased, for an extension of time to serve a notice of claim under subdvision 5 of section 50-e of the General Municipal Law.… People v. Laman Page 2712 This is a motion for a severance and a separate trial of counts 1, 6, 7, 8, 9, 10 and 11 of the indictment pending against the defendant.… Vandershoot v. Kocher Page 2713 The plaintiff and the defendants are owners of lots in the same real estate subdivision, which are subject to a common covenant running with the land, containing certain restrictions, including a provision that the owner “ 2.… Nickobon, Inc. v. Ross Page 2714 This is one of twelve pending summary proceedings commenced by the landlord to recover possession of premises described in the respective petitions, which are occupied by the several tenants for dwelling, purposes.… Guaranty Trust Co. v. Nelson Page 2718 In this proceeding for dispossession of tenant and undertenants on the ground that the demised premises in a class A fireproof multiple dwelling are being used illegally for single-room occupancy and do not conform with section 248 of the Multiple Dwelling Law, no notice of violation of that section was served by the… Burns v. Hayes Page 2719 Defendants move to dismiss the complaint on the ground that the complaint and its allegations fail to state facts sufficient to constitute a cause or causes of action, (Buies Civ.… In re the Accounting of Morrissey Page 2720 This is a proceeding for the judicial settlement of his account by the executor of the last will and testament of Perry >W.… Troutman v. State Page 2722 In 1932 claimant, under the name of George Conklin, was convicted of an attempt to commit burglary second degree, and was sentenced, as a second offender, to the New York State prison at Auburn, New York, for a term of seven years, six months, commencing April 6,1932.… Plaintiff is in the business of manufacturing crushed stone.… Bull v. Stichman Page 2725 Recognizing the existence of a public emergency due to an insufficient supply of dwelling accommodations for returning veterans of World War II and their families and others, the Legislature of this State in January, 1946, enacted and Governor Thomas E.… Reese v. State Page 2726 Claimants, who are husband and wife, at all times herein mentioned, were the owners of a parcel of land with a dwelling and other structures located thereon, consisting of 80 acres, more or less, situate in the town of Southport, county of Chemung, New York.… In re the Estate of Schulman Page 2731 This discovery proceeding instituted against decedent’s brother, William, involves the ownership and right to possession of a savings bankbook and the moneys represented thereby.… McGuirk v. Flagg Page 2735 The twenty-one-month-old son of the plaintiff administratrix went through an iron picket fence on the roof of a multiple dwelling owned by the defendant and in which they resided, and fell nine stories to his death.… Johnson v. Johnson Page 2737 This is a motion hy the plaintiff to strike out an affirmative defense set forth in the answer on the ground that said defense is sham.… Baxter v. State Page 2742 This is a motion for leave to file a claim against the State of New York for assault and battery, false arrest, false imprisonment and malicious prosecution alleged to have been committed by officers and employees of the State of New York.… Segal v. Shelvey Page 2743 Plaintiff moves for an injunction pendente lite restraining the defendants from indulging in any course of conduct which tends to interfere with plaintiff’s rights under his agreement with certain hotels, and from inducing breaches of that contract.… Reiter v. American Legion Page 2744 Plaintiff, a member of The American Legion,' summoned to answer charges which if sustained may lead to his expulsion from that organization, seeks an injunction, pendente lite, to stay all proceedings against him.… Wyker v. State Page 2747 Official Referee. There has been referred to the undersigned Referee by order of the Court of Claims, to hear and determine, a certain motion made by the State to dismiss this claim on the principle of -res judicata because of a prior judgment of the Court of Claims in favor of the James Frazee Milling Company, a… Schmid v. Werner Page 2748 Plaintiff has brought suit against the City of New York and two doctors, employed by the city at the Morrisania Hospital, to recover damages for injuries alleged to have been sustained as a result of the doctors’ negligence.… Meadows v. Village of Mineola Page 2750 The defendant, Village of Mineóla, moves to dismiss for insufficiency complaints in five actions brought against it.… Hartmann v. New York Post Page 2753 This action is in libel. Pursuant to an order of this court made January 31,1946, the plaintiff was examined before trial within this State, the examination being concluded on April 3, 1946.… Weinick v. I. G. S. Pants Co. Page 2754 This is an application, under section 110-a of the Civil Practice Act, by defendant in a Municipal Court action to transfer that action to this court for trial, on the ground that the damages sustained by the defendant and claimed in its counterclaim are in excess of the jurisdictional amount for which the Municipal… Stauble v. Kinzelberg Page 2758 Memorandum The action is for alleged tort.… Schwartz v. Klein Page 2759 Plaintiff sues his wife’s parents, and others, alleging a partnership; the parents pleaded facts showing that he was the agent for their daughter, his wife, saying in effect that he was not the real party in interest.… Objection heretofore filed by the widow of the decedent to the executor’s failure to provide for perpetual care of testator’s grave is dismissed.… Mathesen v. City of New York Page 2768 Memorandum In determining whether reasonable care has been used by the city in clearing streets and walks after a snowfall, it is proper to consider the amount of snow required to be moved, the number of miles of sidewalk and roadway, the means and methods used to remove the snow and the condition of the sidewalks in… Gaskell v. Gaskell Page 2771 Plaintiff has instituted an action for a separation from her husband.… Brown v. Kaufman Page 2777 Memorandum It was error to dismiss the petition on the theory that there was a partial constructive eviction.… Kaplan v. Walsh Page 2778 Memorandum The answering affidavit presents no triable issue of fact.… In re the Accounting of Leinwand Page 2779 In this accounting proceeding, accountants seek a determination as to the validity and effect of the notice of election filed by the widow of testator to take an intestate share of his estate as against the terms of his will.… The petitioners seek to have the propounded instrument, dated May 13, 1938, admitted to probate and, upon its admission as the will of the decedent, for a construction of its provisions for the purpose of determining whether, by its terms, the contents of certain envelopes found in the safe deposit box of testatrix… Bull v. Stichman Page 2789 The defendants have moved' to dismiss the complaint and amended complaint on the grounds that the plaintiff has no legal capacity to sue and that neither the complaint nor the amended complaint state facts sufficient to constitute a cause of action-.… Lutgen v. Kagan Page 2804 By an agreement dated January 16,1946, the plaintiffs agreed with the defendants to purchase the latter s’ two-family dwelling, subject to the monthly tenancy of the tenant, not a party to the agreement.… Spitzer v. Ernst Page 2808 Plaintiff, suing individually and as President of the New York City Local Joint Executive Board of defendant union (hereinafter referred to as “ local board ”), seeks an injunction pendente lite restraining defendants from taking over the property and control of the local hoard.… The trustee is accounting for two separate trusts created by the testator.… Gomez v. Altman Page 2815 The plaintiff sues both defendants in one action but alleges a cause of action against each separately; each is for slander, but not on the same occasion.… Silverstein v. Board of Education Page 2817 Plaintiff moves for judgment on the pleadings under rule 112 of the Rules of Civil Practice, and as such a motion searches the record the defendant requests judgment in its favor.… In re the Will of Smith Page 2818 The testatrix died on April 25, 1947, leaving a will dated January 3, 1941, which has been admitted to probate, the second paragraph of which, provides as follows: “ In view of the fact that my present husband Fred Smith has neglected to provide for me during the greater part of our married life, and in view of the… People v. Newman Page 2822 The defendant moves to set aside her plea of not guilty and interpose a demurrer.… Du Mond v. Walsh Page 2827 Defendants, potato growers in Nassau County, New York, have violated and refused to obey a golden nematode quarantine order issued by plaintiff, Commissioner of Agriculture and Markets of the State of New York, in his effort to carry out the provisions of chapter 663 of the 1947 Laws of the State of New York enacted… Levin v. Mede Page 2834 The decision herein depends upon an interpretation of paragraph (4) of subdivision (a) of section 209 (U.… In re the Accounting of Hockenbery Page 2851 Decedent was a funeral director. He lived in the hamlet of Westtown and there conducted his business.… Dunnigan v. Friedman Page 2855 The validity of a personal judgment entered on April 10, 1934, in this summary proceeding is attacked by the defendant’s motion for an order vacating it.… Chace v. Leising Page 2856 Official Referee. This is an action for an injunction restraining the defendants from interference with a plot of ground in the town of Newfane, Niagara County, which has been used as a cemetery since prior to 1826, and in which plaintiff’s great-great-grandfather, a soldier in the Revolutionary War, and Ms wife were… People v. Raphael Page 2857 The Annbest Apartments, Inc. (hereinafter referred to as the corporation), operates a furnished apartment house at 206 West 21st Street, New York City.… Eelator is the owner of a parcel of land in the county of Queens, City of New York, upon which it conducts a race track.… Gillespie v. Du Mond Page 2863 Petitioner seeks to review a determination made by respondent, 0.… Crawford v. Freeman Page 2865 Application by plaintiffs for a temporary injunction restraining defendants from interfering with or preventing plaintiff Lockwood from exercising his functions, duties and powers as pastor of St. John’s African Methodist Episcopal Church.… In re the Estate of Levine Page 2873 The respondents’ motions to dismiss this discovery proceeding instituted by one of four coexecutors against a brother and nephew of the decedent are denied.… Laitenberger v. State Page 2874 At ór about 3:30 a.m. on March 4,1945, claimant, Alfred F.… Shubert v. Columbia Pictures Corp. Page 2880 Plaintiffs bring this action for an injunction prohibiting and restraining defendant from distributing or exhibiting a certain motion picture called “ The Jolson Story ”, and for an accounting by defendant of all profits realized by reason of the exhibition of the picture, plus a judgment against the defendant in the… Parke-Bernet Galleries, Inc. v. Patino Page 2881 One of the defendants is a receiver in supplementary proceedings.… Price v. Morton Page 2886 Petitioner was prevented from taking a civil service examination for the position of District Health Officer, Grade 4.… Schwartz v. Nudelman Page 2891 The landlord has instituted this summary proceeding seeking possession of an apartment upon the following ground stated both in his thirty-day notice terminating the tenancy and in his petition, to wit: “ Landlord is a practicing dentist and requires these premises in good faith for his use and occupancy as a dental… People ex rel. Fyfe v. Collins Page 2895 This is an application by relators by writ of habeas corpus for discharge from the House of Detention for Women pending an appeal from an allegedly unlawful sentence of the Court of Special Sessions.… In re the Accounting of Kelly Page 2902 On this judicial settlement proceeding oral request is made for determination of the decedent’s distributees, and whether or not her property escheats to the State óf Hew York.… Lapin v. Lapin Page 2908 In an action for a separation the defendant husband, appearing specially, moves to vacate the-service of process upon him as well as plaintiff’s application for temporary alimony and counsel fees upon the ground that the court lacks jurisdiction of the subject matter of the action.… The motion seeks confirmation of the report of the referee which rejects four claims of the Standard.… Feldman v. Feldman Page 2911 In this action for separation plaintiff wife moves for alimony pendente lite and counsel fees.… Callahan v. Mooney Page 2912 Defendant Mooney moves (Buies Civ. Prac., rules 106, 107) to dismiss the complaint; plaintiff has alleged three causes of action, each of which has the common *737factor that a written designation, executed by her deceased husband, of defendant Mooney as beneficiary under a retirement system option, is said to be not… Plaintiff owns a multitenanted apartment house in the borough of Brooklyn and is a customer of the defendant for electricity used for public light and power, i.e., for operating elevators, hall lights and other general building purposes.… Westdale Realty Corp. v. Labella Page 2925 This is an appeal from a decision of a Justice of the Peace.… Helman v. Helman Page 2926 Plaintiff instituted an action for separation against the defendant in this State.… Hughes Tool Co. v. Fielding Page 2945 Plaintiff moves for an order striking out four affirmative defenses.… Rathkopf v. Walker Page 2950 The plaintiff in a libel action moves for an “ order pursuant to Buie 109, Subdivision 6 of the Buies of Civil Practice, striking out of the answer interposed herein by defendant, William S.… Jackson v. Jackson Page 2952 Application by a receiver in supplementary proceedings to reach certain claimed assets of the judgment debtor and apply them for the benefit of the judgment creditor, Agnes E.… Bergen v. Ward Page 2953 This is a motion to dismiss the complaint upon the ground that the cause of action did not accrue within the time limited by law for the commencement thereof.… Barry v. Chapman Page 2962 This is a proceeding under article 78 of the Civil Practice Act in the nature of mandamus instituted by some seventeen temporary civil service employees of the State of New York against the State Tax Commission and the State Civil Service Commission.… Following an attachment of its property the nonresident defendant appeared and answered.… Picone v. Picone Page 2965 Motion denied on the law and not in discretion.… In re the Accounting of Bank of New York Page 2967 This is a final accounting- in which the trustee '"requests construction of decedent’s will and the fixation of fees.… Three motions for orders, pursuant to rule 112 of the Rules of Civil Practice, for judgment dismissing the cross complaint contained in defendant Lloyds Film Storage Corporation’s answer on the ground that the court has not jurisdiction of the subject matter of the said cross complaint for the reason that the cross… The will of the above-named decedent, admitted to probate in this court on December 20, 1918, created a trust fund of one half of his residuary estate, with income payable to his son, Victor Brevoort, for life, remainder to his son’s issue, if any, and in default of issue to decedent’s daughter, Florence E.… Abrams v. Manhattan Dial Mfg. Co. Page 2984 Plaintiffs move herein to vacate the dismissal of the complaint which occurred after they had rested at trial.… Defendants move to dismiss the complaint.… Howard v. Aetna Life Insurance Page 2989 This is a motion by the defendant for summary judgment, pursuant to rule 113 of the Rules of Civil Practice.… Frank v. Balog Page 2998 Petitioner as Chairman of a Committee of the Common Council of the City of Yonkers seeks the issuance of a warrant of attachment to the Sheriff of Westchester County to apprehend respondents and produce them before the committee which is conducting an inquiry into certain matters pertaining to the affairs of the city.… New York City Omnibus Corp. v. Quill Page 2999 This is an action for a declaratory judgment.… In re the Accounting of Garretson Page 3001 This is an accounting by the executor under a will of a nonresident decedent.… This motion seeks an order (a) striking out certain allegations of the complaint, (b) requiring the plaintiff to separately state and number each alleged cause of action, (c) dismissing the complaint for the reason that the alleged cause of action did not accrue within three months, as provided by section 995 of the… People v. Faber Page 3014 The above-named defendants have been arrested and are awaiting trial respectively for violations of sections 982-and 973 of the Penal Law.… Petitioner is a public utility corporation.… Strickler v. Palmer Page 3019 This is a motion to dismiss the action on the ground that it is a tort action between nonresidents of this State and that the court should therefore exercise its discretion to refuse to permit the action to be continued in the courts of this State.… People v. Humphreys Page 3021 This is a motion prior to trial to dismiss an information charging defendant with violating subdivision a of section 21 of Ordinance No. 596 of 1945, as amended by Ordinance No. 335 of 1946 of the City of Utica, commonly known as the Taxicab Ordinance.… People v. Swald Page 3022 Defendant has been tried on an information charging a violation of section 722 of the Penal Law.… Orsini v. Eastern Wine Corp. Page 3032 Plaintiff sues for damages under section 51 of the Civil Eights Law, and for an injunction restraining defendant from using on its label the surname, Orsini, in conjunction with plaintiff’s coat of arms.… Motion by defendant to change the venue of this1 action from Queens County to New York County, upon the: ground that both parties are domestic corporations having their j principal offices in New York County, and that this action is a j transitory one.… McCabe v. State Page 3037 This is a claim against the State of New York for negligence, and was filed in the office of the clerk of the Court of Claims on July 13,1943, and has not been assigned although at the beginning of the trial on May 12, 1947, the attorney for the cláimant made a motion, which was granted, permitting the amendment of… Riccardi v. Department of Correction Page 3040 The petitioner, Anthony Biccardi, was sentenced at a term of the County Court in and fór the county of Kings, New York, on the 12th day of April, 1937, for the crime of robbery in the first degree, committed March 9, 1937, to be imprisoned in the State Prison at Sing Sing, at- hard labor, under an indeterminate… Beesting v. Medical Appeals Unit of the Industrial Council of the Workmen's Compensation Board Page 3046 Petitioner seeks an order pursuant to article 78 of the Civil Practice Act to vacate a determination of the Medical Appeals Unit of the Industrial Council of the Workmen’s Compensation Board of the State of New York which denied petitioner’s application for a license to operate an X-ray-laboratory.… In re the Probate of the Will of Magre Page 3047 This is a proceeding by Claude E. Magre, a citizen of France sojourning in New York for the purpose of probating the will of his mother, Jeanne Magre.… People v. Steinberg Page 3049 The defendant herein was charged with a violation of the Sanitary Code for possessing a hypodermic syringe, a violation of paragraph (a) of subdivision 2 of section 1263 of the Education Law [now in § 6513] for practicing medicine, the defendant not being lawfully licensed or authorized to practice medicine, and with… 816 Fifth Ave., Inc. v. Leonard Page 3050 Final order affirmed, with $25 costs. Concur: Hammer, Shientag and Eder, JJ. Epstein v. Epstein Page 3052 Plaintiff husband brought this action for a declaratory judgment decreeing a foreign judgment of divorce invalid, and for miscellaneous other relief.… Rankin v. Killion Page 3053 This is a motion for summary judgment dismissing the complaint.… Klein v. City of New York Page 3057 After this case had been sent to a Part for trial, plaintiffs moved to amend the notice of claim served on the City of New York by striking therefrom the words “ bearing omnibus No. 806.” The injured plaintiff contends that some witness not now available gave her the bus number.… Crum Elbow Sportsmen's Ass'n v. Whelan Page 3059 Official Referee. This is a reference to hear and determine in an action brought for the specific performance by defendants of an alleged contract in writing for the sale of real estate, or, in the alternative, for damages.… Thomsen v. Texon Page 3064 Defendant moves to dismiss the complaint under rule 106 of the Buies of Civil Practice on the ground that it fails to state a cause of action.… Lefferdink Steel Service Corp. v. Lit Page 3065 Motion is made to vacate an order of publication dated July 24, 1947, to set aside service of the summons made pursuant to said order, and to vacate the warrant of attachment granted on June 26, 1947.… O'Lear v. City of Yonkers Page 3068 The plaintiff’s intestate was injured as the result of the alleged negligence of the defendant.… Lewittes & Sons v. Spielmann Page 3069 (concurring). On this appeal the appellants’ basic contention is that they are tenants at will and as such the landlord was required by the provisions of section 228 of the Beal Property Law to give them thirty days ’ notice to remove from the premises.… People ex rel. Rose v. Additon Page 3070 Eelator by writs of habeas corpus and certiorari seeks her discharge from the Westfield State Farm to which institution she was sentenced after having pleaded guilty to a violation of subdivision 4 of section 887 of the Code of Criminal Procedure.… Weiss v. Weiss Page 3073 The infant plaintiff brings this action against her father for an' accounting and for specific performance of a separation agreement entered into by him with plaintiff’s mother.… Wilson v. Brown Page 3078 The plaintiff sues individually to restrain alleged advertising by the defendants, which he says is an inva*80sion of Ms rights under the Civil Bights Law.… Andrews v. Heffernan Page 3079 Prior to June 24, 1947, a petition was circulated among enrolled voters of the American Labor Party in the 23d Senatorial District, designating the petitioner herein as a candidate for the nomination of the American Labor Party for the public office of State Senator from the 23d Senatorial District of the State of New… Pearlstein v. Draizin Page 3080 This is a motion to strike two causes of action from a complaint on the ground that they fail to state facts sufficient to constitute a cause of action.… On this judicial settlement proceeding construction of the will is requested to determine whether or not the word “ children ” as used therein includes descendants beyond *504the first degree, and adopted children.… People v. Herbert Page 3083 On January 13, 1947, the defendant was tried on two separate informations charging the offense of disorderly conduct under section 722 of the Penal Law.… Republic of Haiti v. Plesch Page 3089 Plaintiff, the Republic of Haiti, moves to dismiss the counterclaim interposed by defendants Plesch and Societe Haitienne de Banque et de Placement (hereinafter called SOHA) upon the ground that this court has no jurisdiction over it with respect to such counterclaim, because plaintiff is a sovereign State and claims… Kenney v. State Page 3092 Claimant John P. Kenney, on May 22, 1943, was the owner of a parcel of land with a house and other buildings thereon and claimants Diener and Liebman, as copartners, were the owners of land upon which had been erected several buildings used in the manufacture of wood alcohol, acetate, charcoal and other chemicals.… People ex rel. Travis v. Thatcher Page 3093 The defendant on this writ of habeas corpus contests his detention in the Broome County jail under a sentence of the Police Justice of the Village of Johnson City, New York, on his conviction for a violation of section 15 of the Village Ordinances.… Bernzweig v. Lillian Beck Realty Corp. Page 3094 Motions (1) by plaintiff for summary judgment on the first cause.of action; (2) by defendant to dismiss-the first and second causes of action, and (3) by defendant for summary judgment on the third cause of action.… Schwartzberg v. Wallander Page 3102 This action is brought for a judgment declaring that section 35 of the Traffic Regulations of the City of New York is void, unreasonable and discriminatory and for an injunction to restrain enforcement of such regulations.… Alkalaj v. Alkalaj Page 3103 Plaintiff moves for an order pursuant to sections 245, 245-a and 245-b of the Civil Practice Act permitting her to serve a supplemental complaint setting forth facts which occurred after the commencement of the action.… Stahl v. Finkelstein Page 3104 The landlord challenges the constitutionality of the Federal emergency rent control law in this summary proceeding.… In re the Estate of Jansons Page 3106 This proceeding is another reverberation of the calamitous consequences of World War II.… O'Boyle v. Brenner Page 3107 This is an action to impress a trust and for other equitable relief.… In re the Estate of Mayers Page 3115 The decedent died on November 15,1943, survived by his widow and his sister as his statutory distributees.… Clayton v. Farish Page 3116 These stockholders’ derivative actions, consolidated by order of Mr. Justice Schreiber (Clayton v. Standard Oil Company, 37 N.… Werblowsky v. Werblowsky Page 3119 Motion to amend proof of publication of the summons nunc pro tune is granted.… This action for a brokerage commission was tried before the court without a jury.… This is a motion for summary judgment in an action for accrued rental.… Humphries v. Gifford Page 3127 Plaintiff moves under rule 109 of the Rules of Civil Practice to strike out paragraphs numbered 4 and 5 of defendants’ amended answer on the ground that it appears upon the face of said defenses that the same are insufficient in law.… In re the Estate of Munk Page 3130 The decedent executed his will on May 18, 1944.… Plaintiff, a tenant in defendant’s apartment house, seeks on behalf of himself and other, tenants tó enjoin the defendant from leaving the passenger elevator unattended by a competent operator and from ever leaving the entrance and vestibule unattended by a doorman.… Prost v. City of New York Page 3139 Application by 347 Berry Corporation as third party defendant to dismiss the third party complaint upon the grounds: (1) that it is legally insufficient (Buies Civ.… In re the Accounting of Roosevelt Page 3141 The executors of the above estate have petitioned this court for determination whether Franklin D.… Klunder v. Hansen Page 3144 This is a motion to cancel the Us pendens filed in the office of the Herkimer County Clerk on June 30, 1947.… Found v. Harris Page 3145 This is an appeal from the judgment of the City Court of Rensselaer granting to the landlord a final order of eviction against the tenant.… Daly v. Benson Page 3149 In an action brought to bar defendants from any claim or interest in certain real property, and directing the Register of the County of Queens “ to cancel and mark satisfied of record ” a certain mortgage, plaintiff moves for “ judgment on the pleadings in favor of the plaintiff and against the defendants under Rule… 82-12 37th Avenue Corp. v. Maffei Page 3152 Memorandum The landlord in this proceeding for nonpayment of rent of a store failed to establish compliance with chapter 314 of the Laws of 1945, as amended (Business Rent Law).… People v. Cosad Page 3155 This is a motion to dismiss an indictment.… In re Dehlerich Page 3158 Official Referee. Edward A. Dehlerich was adjudged incompetent and on June 20, 1930, Eugene Sherlc was appointed committee of the person and property of the said Dehlerich under bond of $2,000.… Defendants are the owners of a parcel of land fronting on Sherman Place and Park Avenue in the village of Ossining which was conveyed to them in a deed dated December 31, 1945, by the Westchester Lighting Company which had used the property for the storage of poles, reels of cable and pipe.… Cantales v. Mazzei Page 3161 The complaint herein alleges breach of a written contract of employment between plaintiff and defendant.… County Transportation Co. v. Maltbie Page 3163 The right of a public utility to sue -the Public Service Commission in equity for an injunction against the enforcement of a rate claimed to be confiscatory is now admissible under the New York practice (Staten Island Edison Corp. v. Maltbie, 296 N.… The above-named relator was convicted in the Onondaga County Court on November 26, 1934, upon his plea of guilty to an indictment charging him with the crime of grand larceny in the second degree.… Riss v. Riss Page 3168 The plaintiff brings this, action for the annulment of her marriage to the defendant on the ground of fraud.… Porter v. State Page 3171 Claimant seeks damages for his alleged false imprisonment in State prison at Elmira during the period from December 9, 1936, to December 7, 1943.… Gokey v. Moate Page 3175 This is a motion to change the place of trial of the above-entitled action from the county of Herkimer to the county of ■ Broome.… People v. Sheldon Page 3177 The defendant is charged in the Police Court of the City of Troy with violation of section 720 of the Penal Law, commonly known as disorderly conduct, and violation of sections 1825 and 1851 of the Penal Law, commonly known as resisting arrest.… In re Myer Page 3180 Motion is made to vacate an execution issued by judgment creditors and a levy made thereupon.… Milman v. Denniston Page 3184 Defendant moves for an order, pursuant to section 123 of the Civil Practice Act, canceling and discharging of record the lis pendens filed by the plaintiff herein, “ upon the ground that the complaint was dismissed for failure to state *211a cause of action.” The plaintiff cross moves for an order “ resettling the… Inman v. Merchants Mutual Casualty Co. Page 3188 In this rather unusual action plaintiff sues the automobile liability insurance carrier and its agent-adjuster for fraud, alleging that the defendants, by means of false representations, procured the plaintiff’s release of a cause of action which she had against Richard Bradshaw, the assured.… Allen v. Stewart Page 3189 The action is in negligence to recover for the value of two horses, killed as the result of being struck by defendant’s truck and trailer.… Levitt & Sons, Inc. v. Young Page 3194 This is a proceeding pursuant to article 78 of the Civil Practice Act “for an order directing the respondent forthwith to approve the petitioner’s application for a building permit and to issue such permit.” Upon the return day of the application, both court and counsel agreed that triable issues were presented, and a… Goodhart v. City Court of Yonkers Page 3195 The petitioner applies for an order directing the respondents to desist and refrain from further proceedings *573upon a summons and information charging the petitioner with violation of the Yonkers Building Code.… Balbert v. Balbert Page 3196 On March 7, 1945, plaintiff caused defendant to he served with a summons and complaint in this action for a separation, together with a notice of motion seeking temporary alimony and counsel fees.… Simon v. Burke Page 3198 Two motions are before me for determination, which should, in my opinion, be decided together.… Rubin v. Conway Page 3202 The petitioner in this proceeding, brought under article 78 of the Civil Practice Act, has been a patrolman in the Police Department of the Village of Ossining, Westchester County, since 1936.… King v. King Page 3204 This is a motion to dismiss a complaint for a declaratory judgment.… People v. C. P. Ward, Inc. Page 3205 The defendant, 0. P. Ward, Inc., is charged with a violation of subdivision 1 of section 12 of the Vehicle and Traffic Law in that it, through its employee, operated or drove a motor vehicle on the public highways without having a distinctive number assigned to it by the Commissioner of Motor Vehicles and without… Sosa v. Lincoln Hospital Page 3206 Petitioners, Mr. and Mrs. Sosa, apply for an order directing the authorities of Lincoln Hospital of the.… People v. Ansonia Page 3208 The defendant has appealed from a judgment of the City Court of Borne, New York, convicting the defendant of violating section 722 of the Penal Law after a trial on February 20, 1947.… Fahn v. City of New York Page 3216 In this jury trial the plaintiff recovered a verdict of $500 which in amount was not excessive in view of the fact that plaintiff sustained a laceration to her leg which left a scar about four inches in length sufficiently visible behind the lattice of her rayons; her failure to present her doctor at the trial or to… In re Blumberg Page 3217 The will of the decedent duly probated on March 8, 1919, provided as follows: “Second.… Smith v. Smith Page 3218 Motion by plaintiff for an order directing the defendant to pay counsel fees and the expenses necessarily to be incurred in prosecuting an appeal from a judgment of this court dismissing her complaint.… Motion by the plaintiff for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act.… Wanger v. United States Trust Co. Page 3220 Motion for judgment on the pleadings. The complaint herein contains twelve causes of action, each for one installment of interest allegedly due on a sealed bond originally secured by a mortgage executed in 1912.… This is a motion by the defendant to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.… People v. Chambers Page 3229 The information is made on the personal knowledge of the informant.… In re the Estate of Haslett Page 3230 Frederick S. Haslett died July 21, 1946, leaving a last will and testament executed June 19, 1945.… Helman v. Helman Page 3234 This statutory proceeding for support of a child is a sequel to prior matrimonial litigation in the Supreme Court of the State of New York, Bronx County, and the Second Judicial District Court of the State of Nevada, Washoe County; and it illustrates the exclusiveness and nature of this Family Court’s jurisdiction to… Only two contentions are made in opposition to the present motion to compel arbitration.… Lutzker v. King Page 3241 This is a motion to dismiss the petition on the ground that it is jurisdictionally defective.… People v. Stevens Page 3243 The defendant has pied guilty to a violation of section 43 of article 2 of the Penal Law of the State of New York, and was sentenced by Bobert H.… Wicks v. Matam Corp. Page 3244 Plaintiff moves to strike out the first affirmative defense, and the first and second counterclaims in the amended answer.… This is a proceeding for the judicial settlement of the accounts of the trustees of the trust under clause sixteenth of the testator’s will and construction thereof is sought to determine the proper distribution of the remainder interests.… People v. Nicholas Page 3246 The defendant has been indicted for endangering the life or health of a child, a misdemeanor in violation of section 483 of the Penal Law.… The plaintiff brings this action seeking a judicial settlement of its accounts as trustee under a trust agreement, dated June 30, 1925, by the terms of which it received certain securities and administered the same, paying the income to Mary H.… Kennedy v. Meehan Page 3254 This is a summary proceeding to dispossess, in which it is alleged the tenant is a holdover.… People v. Block Page 3255 On September 19, 1947, the defendant was held for action of the grand jury upon a charge of robbery, first degree.… The door to a man’s house in a civilized community is more than a means of ingress and egress for him.… Estes v. Domestic Relations Court Page 3258 This is an application under article 78 of the Civil Practice Act to restrain the Domestic Relations Court of the City of New York, Family Court Division, of the County of The Bronx, a Justice of that court and officers thereof, from enforcing an order of that court directing the petitioner to contribute towards the… Breen v. Board of Trustees Page 3260 Petitioner, a Battalion Chief in the Fire Department, met with an accident in December, 1945, which disabled him from performing active duty in the uniformed forces.… Crowe v. Elmhurst Contracting Co. Page 3261 This is an action to recover overtime pay for services performed by plaintiff as an employee of defendant in British Guiana in connection with the construction by defendant of a defense base upon land leased by United Kingdom of Great Britain to the United States of America for ninety-nine years.… Motion to dismiss amended complaint as insufficient in law upon the face thereof, pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice.… The amended complaint states a cause of action for libel.… Force v. Tracy Towing Lines, Inc. Page 3264 Motion by the defendants Bed Star Towing and Transportation Company and The Bed Star Barge Line, Inc., for an order directing the plaintiff to furnish a further bill of particulars as to items 4 and 5 of the demand dated April 7, 1947, and striking out from the bill of particulars served the statement at the… Bedient v. Bedient Page 3265 In an action for divorce defendant wife moves for an order (1) restoring this case to the trial calendar from the military suspense calendar; (2) for temporary alimony for herself; (3) for temporary support for her children; (4) for counsel fees in the action; (5) for an order enjoining plaintiff from procuring a… Archer v. Ambraz Page 3266 According to the complaint the plaintiffs,' fourteen individuals, are tenants occupying fourteen separate apartments in five buildings owned by separate corporations who have been made defendants in this action and will be hereafter referred to as the “ address corporations ”.… Braunstein v. Swartz Page 3267 Tenant-appellant moves for an order staying issuance of a warrant of eviction pending the determination of an appeal from an order denying his motion to vacate a final order in favor of the landlord.… Haney v. State Page 3269 Upon this application for leave to file a claim to recover damages for personal injuries sustained on April 4, 1946, claimant submits as the reason for his failure to file a claim or notice of intention, that he was ‘1 ignorant of our laws.… In re the Will of Dillenback Page 3270 The last will and testament of Frank A. Dillenback probated in this court on December 27, 1929, provides: “ Second: I give and bequeath to Frances Jeannie Miller, daughter of Charles and Frances Miller of Washington, District of Columbia, the sum of One Thousand Dollars ($1000.00), and I hereby make the same a charge… Roochvarg v. Port of New York Authority Page 3271 Plaintiff, who had for many years occupied certain business space at La Guardia Airport, considered himself a statutory tenant and refused to remove at the request of the defendant.… Writs of certiorari to review assessments on the property of The Lehigh Valley Railway Company were issued for the years 1928 to 1940, inclusive.… Plaintiffs have brought this action in equity and seek a judgment permanently enjoining defendants, their agents, *557servants and employees “from soliciting patronage on the premises of the New York Central Railroad company, from parking their automobiles or taxicabs on the West Ramp, so-called, from entering the… Sefranka v. Sefranka Page 3279 Motion by defendant “ for an order directing that the proposed questions as framed by defendant, pertaining to the issues arising upon the defendant’s counterclaim for annulment be tried by a jury.” Plaintiff’s action is for a separation.… Sefranka v. Sefranka Page 3280 In an action for a separation, defendant moves for examination of the plaintiff before trial with respect to his counterclaim for an annulment.… Henderson v. Van Wagner Page 3281 Motion by plaintiff for summary judgment; cross motion by defendants for an order dismissing the complaint for legal insufficiency.… In re the Estate of Emery Page 3284 The will of Charles Goodwin Emery was admitted to probate in this court on the 23d day of January, 1915.… This is a motion by trustees made pursuant to article 79 of the Civil Practice Act for a judicial settlement of their account.… Scolavino v. State Page 3286 This is a motion for the determination summarily of the value of the services rendered and disbursements paid by Weissberger & Leichter, attorneys for the claimant in the above-entitled matter, and also of the value of services rendered and the disbursements paid by Anthony Scolavino, the guardian ad litem of the… Sheldon v. Pan American Airways, Inc. Page 3287 Plaintiff, in its brief, in effect concedes that if the clause relied upon by defendant in its fifth defense had expressly stated that claims would be unenforcible unless presented in writing within thirty days, the defense would be good.… Paris v. City of New York Page 3288 Memorandum The judgment and order should be unanimously reversed on the law, with $10 costs to defetidant and complaint dismissed with appropriate costs in the court below.… Winney v. Leuci Page 3289 Memorandum The judgment insofar as appealed from should be unanimously reversed on the law, with $30 costs to appellant against impleaded plaintiff Weisser and cross-claim dismissed.… Snee v. Goldman Page 3290 Tbis action was brought by the four plaintiffs to recover $1,000 each pursuant to the Fair Labor Standards Act of 1938 (TJ.… 147 East 86th Street, Inc. v. Yaeger Page 3291 On June 1, 1944, the “ freeze date ” provided for in the Business Rent Law (L.… Rozen v. Byng Page 3296 This is a summary proceeding to evict the tenant, Harlan Byng, from house and premises “ upper flat, 515 Nott Street ” in the city of Schenectady.… Williams v. State Page 3298 On September 25 and September 26, 1945, and again on October 2, 1945, the basement of claimant’s building, *1021situate on the northeast corner of Edwards Street and Oriskany Boulevard (State Highway Route 5A), in the village of York-ville, New York, was flooded by surface waters overflowing from storm-water sewer… Borek v. Golder Page 3299 Official Referee. This action is brought by a taxpayer of the City of Utica, New York, under the provisions of section 51 of the General Municipal Law against the Mayor, the City Clerk, the-members of the Common Council, the members of the Board of Estimate and Apportionment, the members of the Municipal Housing… Hubbell v. Van Coenan Page 3300 The landlord brings this summary procéeding against the tenant Valeska Van Coenan'and one Karla Lipton, designated as undertenant, with respect to dwelling premises at 32 Coligni Avenue, New Rochelle.- The petition declares that the proceedings are brought under the provisions of clause A of paragraph (1) of… In re the Accounting of Gerard Page 3301 The petitioners in this accounting proceeding ask that they be directed to turn over to themselves as executors appointed by the District Court of the Fourth Judicial District of the State of Montana, in and for the County of Ravalli, sufficient funds so that the legacies under the will, of decedent of $25,000 to… People v. Kramer Page 3302 On July 24, 1947, an information was laid by deputy sheriff Dennis A.… Peyton v. Coulson Page 3303 The plaintiff applies pursuant to section 288 of the Civil Practice Act for an order directing that the testimony of the executors of the last will and testament of William C.… Friedman v. Roseth Corp. Page 3304 On this motion plaintiff moves for a dismissal of the fourth, fifth and sixth counterclaims contained in defendants’ amended answer on the ground of insufficiency.… People v. Robbins Page 3306 The defendant is charged with the commission, of a felony under subdivision 4 of section 1897 of the Penal Law which prohibits an unlicensed person over sixteen years-of age having in his possession, among other weapons, a pistol or a revolver of a size which may be concealed on his person.… In re the Will of Pelton Page 3307 Under the “ Fourth ” clause of the last will and testament of Maude M.… In re the Accounting of Vernacchia Page 3310 The decedent herein was the owner of a bakery business.… In re the Accounting of Warren Page 3312 In this trustee’s accounting proceeding the petirequests a determination as to whether the corpus of a trust *852established under article “ Ninth ” of the will is distributable per stirpes or per capita among the “ issue ” of John L.… Holdren v. Morris Page 3313 A building known as 174 Court Street, Buffalo, New York, was being demolished by the defendants, Orval C.… Young v. State Page 3314 This is an application made pursuant to subdivision 5 of section 10 of the Court of Claims Act (L.… Murray Oil Products Co. v. Poons Co. Page 3315 Plaintiff, as purchaser, entered into a written .… In re Novotny Page 3316 Motion is made by the Attorney-General of the State of New York on behalf of the directors of Manhattan *471State Hospital for an order directing the committee of an incompetent to pay a bill of that hospital for the treatment, care and maintenance of the incompetent’s mother, now deceased.… People v. Smith Page 3319 The facts established in this prosecution are not disputed.… Feingold v. Joseph E. Marx Co. Page 3323 Motion is made by the corporate defendant under rule 107 of the Eules of Civil Practice to dismiss the first and second causes of action on the ground that these are barred by* the Statute of Limitations contained in section 992 *43of the Civil Practice Act, and further, under rule 106 to dismiss the third and fourth… Dailey v. State Page 3341 Claimant sues the State of New York for damages for false arrest and imprisonment and for assault and battery by a State trooper.… A. Dubois & Son, Inc. v. Goldsmith Bros. Page 3342 On January 10, 1944, a written lease was entered into between Charles F.… Phelps v. Phelps Page 3343 This is an action brought to recover the sum of $6,000 allegedly due on a judgment of the Court of Chancery *802of New Jersey., The facts preceding the judgment are briefly, as follows: On December 14, 1938, the plaintiff herein was granted a decree of divorce in the State of New Jersey against the defendant, whereby… In re the Accounting of Mepham Page 3346 The issue has been raised in this judicial settlement proceeding as to whether the legacies contained in the first paragraph “ Third ” of the will are specific or general.… Napack v. Grubman Page 3347 Motion to dismiss the third party complaint pursuant to subdivision 4 of section 193-a of the Civil Practice Act, is granted.… Monteverdi v. French Realty Corp. Page 3348 In an action for wrongful death brought against French Realty Corp., the landlord of certain premises where the accident took place, and Abe Lazarowitz, Morris Zelenetz, Joseph Cohen and Sam Skutel, the lessees of said premises, both the landlord and said tenants have impleaded Brooklyn Blower & Pipe Co. for the… In re the Will of Cohen Page 3350 On the 15th day of July, 1936, a will of the decedent was admitted to probate by this court.… People v. Clark Page 3351 Defendant was indicted by a Grand Jury of tbe County of Tioga on the 20th day of May, 1947, which indictment charged him in several counts with the offense of forgery in the second degree.… In re the Estate of Taylor Page 3356 Limited letters of administration were issued out of this court upon the estate of Robert W.… Casal v. City of New York Page 3358 Motion to set aside verdict of jury. This case was tried before me on October 27 and 28, 1947, and resulted in a verdict for the plaintiff in the sum of $9,375.… Siviglia v. Spinelli Page 3359 Plaintiffs are the owners in fee and the occupants of certain real property in the city of Auburn consisting of.… Gruenebaum v. Lissauer Page 3364 This motion to dismiss the first and second counterclaims in defendants’ amended answer raises the question of the appropriate Statute of Limitations applicable to an action to recover damages as a result of an attachment which has been vacated.… In re the Estate of Silverstein Page 3367 This is a petition by one of the children of the decedent’s first marriage to revoke limited letters of administration heretofore issued to the respondent.… Newkirk v. C. C. Bradley & Son, Inc. Page 3370 By an order to show cause, defendant seeks an order to compel plaintiff to serve a second amended complaint, or to strike out certain portions of the amended complaint as irrelevant, unnecessary and prejudicial.… Sweeney v. City of Rome Page 3371 This is an action in equity to remove a cloud upon title to real estate.… People ex rel. Becker v. Martin Page 3372 The relator herein was convicted by the verdict of a jury in Supreme Court, Cayuga County, on May 21, 1930, of the crime of attempt to escape from State prison in violation of section 1695 of the Penal Law.… Blum v. Oxman Page 3374 Motion is made by plaintiff for judgment on the pleadings and to strike out the affirmative defenses as insufficient in law.… People ex rel. Kondrk v. Foster Page 3375 The relator was indicted by the Grand Jury of Chemung County on four counts for the crimes of burglary, third degree, grand larceny, second degree, and criminally receiving stolen property.… Liddie v. State Page 3376 Claimant, as administratrix, sues to recover damages for the death of her husband, Allen A.… Smith v. Stevens Page 3377 Memorandum The case was tried on the theory that the tenant had violated a substantial obligation of her tenancy in use of the premises in violation of law, in occupying same for single-room occupancy.… People v. Blighton Page 3380 This is an appeal from a judgment of conviction of the City Court, Criminal Branch, City of Rochester, New York, sitting as a Court of Special Sessions with a jury, upon the charge of violating sections 1250 and 1263 (now §§ 6501, 6513) of the Education Law defining the practice of medicine without a license.… Smith v. Feigin Page 3382 Tenant and undertenant appeal from a final order made in favor of the landlord, entered in t°he Municipal Court, Manhattan, Ninth District, after trial.… Moore v. Board of Education Page 3385 The specific question here presented does not appear to have received judicial consideration heretofore.… People v. Kendricks Page 3386 On February 21,1945, defendant was indicted, charged in three counts with feloniously selling a narcotic drug and in the fourth count with unlawful possession.… Cardiff v. Brooklyn Eagle, Inc. Page 3390 Motion to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.… Solomon v. Solomon Page 3391 Oh December 12,1946, Justice Diserio entered an order directing respondent to pay into this court the sum of $12 each week towards petitioner’s support, until further order of this court.… People v. Rivero Page 3393 Motions by the defendant are denied and she is found guilty in accordance with opinion below.… Maltbie v. Comprehensive Ominibus Corp. Page 3394 The Public Service Commission sues to recover the expense of an investigation of the accounts and records of the defendant corporation which took place between February 1 and August 31, 1945.… In re the Accounting of Thackeray Page 3396 In this accounting proceeding the executrix seeks construction of paragraph Y of the last will and testament of the deceased, which reads as follows: “ I give $500.00 to Harold Thompson Jr., and $500.00 to Arnold Thompson to be deposited in Seamen’s Bank Wall St., N.… Lipshitz v. T & D Wine & Liquors, Inc. Page 3397 In this proceeding, instituted by a taxpayer pursuant to section 123 of the Alcoholic Beverage Control Law, *262petitioner seeks to enjoin the issuance of a license to sell alcoholic beverages for off-premises consumption upon the ground that the issuance of such a license would contravene subdivision 2 of section 105… In re Zimmerman Page 3398 The testator herein, a resident of Bronx County, left a will which contains the following provision: “Fourth: I hereby devise and bequeath unto The Socialist Labor Party of 61 Cliff Street, New York City, the sum of Sixty-five hundred ($6500) Dollars because I am convinced that the principles and the program advocated… This summary proceeding presents two questions of first impression.… Greff v. Havens Page 3405 Motion for order directing entry of judgment under section 1171-b of the Civil Practice Act.… Toates v. State Page 3407 The claim, as filed herein on June 3, 1947, is “ for the loss of use and damage to land rented by and in the possession of claimant, due to leakage from the Barge Canal, from the 1st day of January, 1945, to the 31st day of December, 1945, and from the 1st day of January, 1946, to the 31st day of December, 1946, by… Ginas v. Loew's Inc. Page 3408 Motion by defendant, 45th & Broadway Corporation, to dismiss the complaint under rule 107 of the Rules of *885Civil Practice, on the ground that the alleged cause of action did not accrue within the time limited by law for the commencement of the action, is granted.… This is an action wherein the county seeks to recover damages against the owner and operator of a taxicab which collided with the county ambulance.… Ozark v. Ozark Page 3412 The action is for annulment of a marriage entered into June 24, 1939.… House v. Tappan Page 3415 The plaintiff has been defeated by a jury verdict in an action brought to recover damages for personal injuries received from being kicked by a horse owned by defendant.… In this action for a declaratory judgment defendant moves for a dismissal of the complaint for failure to state sufficient facts.… Donovan v. Kane Page 3418 The action is for personal injuries suffered "by the plaintiff when he slipped and fell on the sidewalk in front of defendant’s premises.… Layton v. Layton Page 3419 Plaintiff instituted this action for annulment alleging that at the time of his marriage to defendant there was another marriage of defendant in full force and effect and that defendant’s husband by such previous marriage was living.… In re the Arbitration between Ass'n of Uptown Converters, Inc. & Wholesale & Warehouse Workers Union Page 3420 Application is made for an injunction staying any further action in connection with the designation of employer representatives to administer a security fund to which employers in contractual relations with Wholesale & Warehouse Workers Union, Local 65 (hereinafter called the Union) contribute a certain percentage of… Springer v. Springer Page 3421 Official Referee. This is an action brought by plaintiff wife for a judgment declaring the marital status of the *821parties.… In re the Accounting of Van Arsdale Page 3424 The former wife of the decedent, Abbie May Van Arsdale, residing at St. Petersburg, Florida, has made a claim against this estate for the sum of $5,250.… Kean v. 34 West 34th Street Corp. Page 3425 Plaintiffs, as landlord, sue to recover additional percentage rent claimed to be due under a lease dated February 1, 1939.… Petitioner brings up for review either under section 707 of the Labor Law (New York State Labor Eelations Act) or under article 78 of the Civil Practice Act, an order of the board dismissing the amended charge of unfair labor practice.… Vail v. Terry Page 3427 This is an application for an order restraining Harry Terry, Esq., Justice of the Peace of the Town of South-old, from “ taking any further proceedings on the order entered in July 25, 1947, in the matter entitled, * People ex rel Lillian Butzler vs. Leonard M.… Cleveland Mortuary Supply Co. v. Cox Page 3428 Plaintiff is a nonresident of this city and of this county.… In re Dawkins Page 3429 The facts in this proceeding present a unique and unusual situation.… Zivotosky v. Max Page 3431 This action was tried before the court without a jury on January 7, 1947, but because of the prolonged illness and subsequent death of counsel for the plaintiffs’ and the substitution of attorneys, the matter has only recently been submitted.… Collins v. Minkin Page 3434 The plaintiff seeks to recover, pursuant to subdivision (e) of section 205 of the Emergency Price Control Act of 3942 (IT.… Crane v. State Page 3438 Claimants’ property was located on Franklin Street in the village of Clinton midway between the Christman and Kieffer.… Schwartz v. Schwartz Page 3439 Plaintiff moves for summary judgment in an action predicated upon an Arizona judgment for a sum of money recovered in an action for separate máintenance and counsel fees.… Rothschild Bros. v. Redman Page 3442 A general denial is insufficient to put in issue the items constituting a plaintiff’s cause of action for goods sold and delivered in respect to delivery, performance, reasonable value or agreed price, where the complaint is drawn in compliance with section 255-a of the Civil Practice Act.… People ex rel. City of New York v. Hoar Page 3445 Relator, the City of New York, is the owner of real property in the town of Wawarsing, Ulster County, New York.… Buckler v. Wolman Page 3447 The maternal grandmother of the defendant’s two children, Cecelia, born September 9, 1925, and Allen, born April 24, 1933, sues to recover the sum of $5,100 alleged to have been expended by her for necessaries furnished said children, consisting of food, clothing, medicines, medical and dental care and attention and… In this action for a declaratory judgment plaintiff moves to strike out the defense contained in the defendant’s answer on the ground of insufficiency in law and for judgment on the pleadings.… Smith v. Minissale Page 3449 In an action to recover damages for personal injuries and loss of services as a result of an automobile accident, the defendant moves, pursuant to rule 103 of the Buies of Civil Practice to strike from the complaint as irrelevant, unnecessary, impertinent and tending to prejudice, embarrass.… Wickham v. Town of Newfane Page 3451 On October 6, 1946, in the nighttime the plaintiff was operating his automobile upon a dirt road in the defendant town.… Jones v. Morse Page 3455 Defendant Robert Morse, makes a motion in each of the above actions to set aside the judgment entered upon the ground that one of the jurors in these two actions, which were tried together, acted improperly, constituting misconduct, and also upon the further ground that undue influence was taken by some of the… In an action to foreclose a mechanic’s lien, plaintiff moves for an order directing the entry of a deficiency judgment against the defendant, A Builders Corporation; the latter opposes upon the ground that plaintiff has failed to comply with the provisions of section 1083 of the Civil Practice Act.… De Marco v. Conway Page 3458 No issue of fact is presented. The case turns entirely on construction of a statute.… Motion by defendant, Incorporated Village of Southampton (hereinafter referred to as the village), under rule 106 of the Rules of Civil Practice for judgment dismissing the complaint.… In re the Estate of Saalberg Page 3463 The petitioner in this proceeding, the Attorney General of the United States acting in his capacity as successor to the Alien Property Custodian, seeks to enforce the collection of a claim vested under the Trading with the Enemy Act of 1917 (U.… People v. Reser Page 3466 The issue on this appeal is whether or not appellant on the date alleged was using his motor vehicle as a taxicab without the appropriate license therefor, in violation of subparagraph (a) of paragraph 43-a of subdivision l of section 436-2.0 of the Administrative Code of the City of New York.… This is a proceeding under article 78 of the Civil Practice Act, in the nature of mandamus, for an order directing the Municipal Civil Service Commission of the City of Newburgh to accept, approve and file petitioner’s application for the posi*783tian of police lieutenant of the said city, and to' have his papers… In re the Probate of the Will of Levine Page 3469 Decedent, Roslyn Levine, died October 7, 1947, leaving a paper writing dated June 23, 1947, which has been offered for probate as her last will and testament.… Nott v. State Page 3470 Claimant Margaret M. Nott, as administratrix, sues to recover damages for .the death of her husband, *1028Chester W.… Wegman v. Republic Camera Corp. Page 3472 Motion to advance cause under Trial Term Rule V of the New York County Supreme Court Rules.… Brookhaven Gardens, Inc. v. Katz Page 3473 It is not disputed that plaintiff’s camp was operated without the permit required by chapter VII of the State Sanitary Code (Official Compilation of Codes, Rules and *444Regulations of State of New York, Vol.… People v. Sandgren Page 3474 By this application the defendant seeks transfer of a criminal action from the County Court to the Supreme Court, and also for a change of venue.… Kinney v. State Page 3476 In the town of Amherst, near Buffalo, exists the intersection of Union Road, a two-lane State highway running north and south, and Wehrle Drive, a three-lane county road running east and west.… Referee. The defendant, a railroad corporation organized under the laws of Georgia and not authorized to do business in the State of New York, has appeared specially and has moved to set aside the service of a summons within the city of New York upon its assistant secretary.… Cohen v. City of New York Page 3492 In an action to recover damages for personal injuries allegedly sustained by reason of the negligence and nuisance of both defendants, plaintiffs move for an order striking an affirmative defense from the individual defendant’s amended answer on the ground that it is insufficient in law.… Dolat v. Hackwitz Page 3496 Proceeding under article 78 of the Civil Practice Act to review the determination of the village board of appeals of the Village of Farmingdale, Long Island, which denied the petitioner’s application for a permit to construct a building on her property to be used “as an automobile sales and service garage and gasoline… Rinzler v. Manufacturers Trust Co. Page 3498 Motion for a preference denied. The application is predicated on two affidavits.… By paying the fee provided for in section 1557-a of the Civil Practice Act, as amended by chapter 770 of the Laws of 1946, the movant knew or should have known that if costs were not allowed the order submitted by' it would automatically be entered by the county clerk.… Goetz v. Doody Page 3505 The defendant has moved by notice of motion for an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action, and in the alternative to vacate a notice served by the plaintiff to examine the defendant as an adverse party before trial.… This is a motion for a stay of proceedings.… This is an application to compel the temporary administrator to judicially file and settle his account herein as the representative of the deceased executrix of the above-named decedent.… People v. Colonna Page 3510 The appellant herein has been convicted of soliciting and carrying baggage as a public porter, not being licensed as such, in violation of section B32-106.0 of the Administrative Code of the City of New York.… Flatbush Auto Discount Corp. v. Reich Page 3513 Memorandum The court was without jurisdiction to enter the judgment herein because the statement on which it was based was not verified by defendants or either of them, pursuant to the provisions of section 541 of the Civil Practice Act.… Stephens v. Evans Page 3514 The plaintiff, in 1945 and prior thereto, was a member of the unincorporated religious association known as the Homell Gospel Center.… People v. Gurevich Page 3516 We declare illegal and unqualifiedly condemn the practices pursued as a result of the grossly improper alliance entered into between the defendant, a dental mechanic, and a licensed dentist whereby the safeguards guaranteed the dental patient by law are thrown to the winds.… Methfessel v. Heffernan Page 3519 Petitioners seek an order requiring respondents to prepare for use at the forthcoming general election in Richmond County new ballots or voting machine strips upon which the names of all candidates shall appear in uniform print and type.… Chase National Bank v. Mackenzie Page 3521 This is an action by a trustee for judicial settlement of its accounts and for other relief.… This is an application by one of the respondents for an examination of the executors pursuant to section 263 of the Surrogate’s Court Act, ,the executors having filed their account of proceedings as such and' petitioned for its judicial settlement.… This is an application for an order directing the Clerk of the County of New York to satisfy a judgment of record by accepting a satisfaction piece for filing.… Harris Motors, Inc. v. Csontos Page 3526 Motion under rule 109 of the Rules of Civil Practice is granted and the defense and, counterclaim are stricken from the.… Long Island Lighting Co. v. Shields Page 3534 Application pursuant to article 78 of the Civil Practice Act for an order directing respondents to issue a permit to petitioner to erect and maintain poles and electric lines for the transmission of electricity in certain streets of the Incorporated Village of Old Brookville.… Devonshire Associates v. Garrett Page 3535 Memorandum Although these proceedings are brought on the theory that the tenants hold over after the expiration of their terms there is neither pleading nor proof authorizing service of the thirty-day notice terminating the tenancies upon a limitation of the term.… Kuczek v. Kuczek Page 3536 Motion by plaintiff for the appointment of a receiver pendente lite.… Plymouth Estate, Inc. v. Keery Page 3538 Memorandum The tenant was not entitled to an offset for the time that was required to repair the damage due to the fire, which was not caused by the landlord’s negligence.… Gellis v. Falcon Buick Co. Page 3540 This action is by the purchaser for specific performance of a contract of sale of a motor car.… King v. Liotti Page 3541 Motion to examine the defendants before trial granted as prayed for with the exception that all language following the word “ defendants ” on the sixth line of item “ 2 ” will be deleted.… Reynolds v. Feinstein Page 3542 Memorandum It was error to dismiss the petition without prejudice.… In re Myones Page 3546 Petitioner instituted an action in the Municipal Court to recovér the sum of $1,000, as the alleged difference between the rent reserved in a written lease and the emergency rent.… Gough v. Frost Page 3551 The plaintiff, who had obtained a final judgment of separation against her husband on April 30, 1930, which judgment was entered on May 5, 1930, sues to recover the sum of $1,716 from his devisees and legatees for unpaid alimony which had accrued from March 20, 1939, to the decedent’s death on November 20, 1942.… In re the Accounting of Barry Page 3556 The fund here involved is ready for distribution, upon this accounting, and the substituted testamentary trustee has requested the court to construe the decedent’s will in order that proper distribution may be made.… Gill v. Schwartz Page 3559 The judgment creditor moves pursuant to sections 793 and 794 of the Civil Practice Act for an order (1) fixing the reasonable value of the judgment debtor’s services to the third party corporation; (2) directing the third party and the judgment debtor to pay to the judgment creditor (a) the accumulated salary of the… Battaglia v. Morton Page 3563 In this proceeding under article 78 of the Civil Practice Act, petitioner seeks an order directing the respondent municipal civil service commissioners to place his name on a special military eligible list for the permanent position of city medical officer in accordance with the provisions of subdivision 7 of section… Ritacco v. Morris Page 3565 The landlord instituted this proceeding to recover l£?üSS§í9R o£ the premises described, in the petition, and now, *988being used for dwelling purposes, for use and occupancy by her married daughter and her son-in-law as housing accommodations.… Tool Owners Union v. Roberts Page 3569 This proceeding was instituted under article 78 of the Civil Practice Act for an order directing the respondents, constituting the Board of Standards and Appeals in the Department of Labor, to indorse their approval of the petitioner’s statement and designation as a foreign corporation applying to do business in this… Kantor v. Stendig Page 3571 This is a stockholder’s representative and derivative action; the relief sought is that the defendants be required to account to the corporation for all sums of money which it is alleged defendants have improperly and unlawfully received or taken from the corporation and that they be required to pay the same into the… Samuel Rubin & Son, Inc. v. Sackler Page 3572 Memorandum The appellant was a member of the immediate family of the tenant and upon her decease he did not become a squatter, any more than upon the death of the head of a family the rest of the family would be considered as squatters.… Government of French Republic v. Cabot Page 3573 Plaintiff sues for an accounting as to and a recovery of money it paid as the purchase price of motor trucks *518and equipment.… Schwartz v. P. & G. Restaurant, Inc. Page 3574 Motion to continue injunction denied. The moving papers are defective and insufficient.… Meyers v. Royce Haulage Corp. Page 3575 Motion is made to dismiss the complaint upon the ground that plaintiff’s failure to commence the action within one year from the date the action accrued acts as a bar thereto.… City of New York v. Salod Page 3576 Memorandum The City of New York obtained a certificate from the former rent director.… In this action for rent, the complaint is based upon a written lease, entered into between the plaintiff, as landlord, and the defendant’s assignors, as tenants.… Trefry v. Trefry Page 3580 In this action for annulment of marriage upon the ground of fraud plaintiff has abandoned one ground upon which it appeared she had originally relied as a basis for the relief sought.… Jurnas v. National City Bank Page 3582 Motion to dismiss complaint is granted. Plaintiff seeks a declaratory judgment that a general power of attorney, executed by her brother in 1933, and delivered to her is valid insofar as to give the plaintiff control of the disposition of a deposit to her brother’s credit with the defendant bank, a balance… In re Three Sofia Bros. Page 3585 The claim here is that respondent’s property was damaged while petitioner was moving furniture on August 30, 1941.… Messing v. Messing Page 3590 Motion to strike out answer is granted. The action is for divorce and the complaint sets forth all the essential allegations.… The lease was made subsequent to the Federal rent legislation affecting housing.… Rhatigan v. Curry Page 3600 Motion to dismiss complaint upon the ground that the cause of action did not accrue within the time limited by law for the commencement of the action, is denied.… Gnos v. Long Island Rail Road Page 3601 Memorandum Plaintiff’s attempt to board the train under the circumstances disclosed was, in law, a negligent act which contributed to the happening of the accident.… Chizik v. Fuchs Page 3602 The defendant seeks to implead an insurance company which has refused to admit liability under an alleged policy of insurance to defend and pay any damages occasioned by automobile accidents in which defendant’s automobile is involved.… Rosenbluth v. Sackadorf Page 3603 Motion by defendants for an order, pursuant to rule 106 of the Rules of Civil Practice, dismissing the complaint herein for legal insufficiency, or, in the alternative, for an order, pursuant to rule 112 of the Rules of Civil Practice, for judgment on the pleadings.… Clements v. Rockefeller Page 3605 Upon the foregoing papers this motion is made by the third party plaintiff to strike out the five separate defenses pleaded in the answer of the third party defendant herein.… Clements v. Rockefeller Page 3606 Plaintiff moves to strike out the cross complaint of defendant Rockefeller suing as a third party plaintiff on the ground that the interposition of the third party claim will unduly delay the determination of the main action and will prejudice plaintiff, and on the ground that section 193-a of the Civil Practice Act… This is a proceeding by the petitioners for the settlement of their accounts as trustees and for a determination of the interests, if any, of each of the respondents in the trust.… The relator Hamportzoon Choolokian by writ of habeas corpus directed to the Mission of the Immaculate Virgin in whose keeping are two of his sons, George 12, and Albert, 11, and the New York Foundling Hospital in whose keeping is his daughter, Alice, 6, and by amendment, directed also to the commissioner of welfare of… Healey v. Sprague Steamship Co. Page 3611 Plaintiff, a seaman on the S. S. Trumbull, met with an accident while on shore leave in the port of Marseilles.… Eckman v. Pfeifer Oil Transportation Co. Page 3612 The defendant Pfeifer Oil Transportation Co., Inc., moved for summary judgment against the plaintiff and the plaintiff crossed moved for summary judgment against all the defendants.… Zuppa v. Maltbie Page 3613 Petitioner’s intestate, Joseph T. Zuppa, suffered death by electrocution on the 2d day of August, 1947, on the premises of the Central Hudson Gas and Electric Corporation (hereinafter called for brevity Gas and Electric Corporation) at Poughkeepsie, Hew York.… United Dye Works, Inc. v. Scifo Page 3616 The plaintiff, a former tenant of business property owned by the defendants, has brought this "action to recover damages pursuant to the provisions of subdivision (d) of section 8 of the Business Rent Law (L.… Robbins v. Chamberlain Page 3621 The above-entitled proceedings are brought by persons denied registration in the town of Orangetown, Bock-land County.… Messinger Realty Co. v. Fass Page 3624 Memorandum Upon the expiration of the lease, which provided for a rental in a graduated scale, landlord was not entitled to receive rent at the rate provided for in the lease for the last month of the term.… Strum v. Board of Education Page 3627 Motion by plaintiff for judgment on the pleadings is denied.… Chapman v. Ross Page 3629 The motion is granted. This certificate of eviction was denied in the order of denial dated November 26, 1947, for the following reason: “ Although a statutory ground for a certificate is alleged, the facts before the Commission did not entitle the landlord to a certificate.… People v. System Properties, Inc. Page 3636 This action was instituted by the plaintiff, People of the State of New York, hereafter referred to as State, against the defendant, System Properties, Inc., hereafter referred to as System.… Carey v. Morton Page 3637 This application, brought on behalf of the petitioners, seeks an order directing the Municipal Civil Service Commission of the City of New York to rescind its action in granting disabled veteran’s preference on trivial, insubstantial or frivolous grounds in connection with the promotion eligible list for lieutenant… Dennis Realty Corp. v. Twersky Page 3638 This is a proceeding by Dennis Realty Corp., landlord, to dispossess Abraham Twersky, tenant, for nonpayment of rent for the months of July, August, September and October, 1946.… Dennis Realty Corp. v. Twersky Page 3639 Final order and judgment affirmed. Concur: Hammer and Eder, JJ.… Seafire Inc. v. Ackerson Page 3640 This action is brought to set aside two tax deeds affecting premises owned by the plaintiff on Fire Island Beach, Suffolk County, New York.… Sanders v. State Page 3641 The Barge Canal flows in an easterly direction through the town of Palmyra, Wayne County, and, near the village of Palmyra, parallels the northerly village line which lies about 150 feet to the south of the channel.… Eckel v. Trencher Furs, Inc. Page 3643 This action has been submitted to the court upon an agreed statement of facts, from which it appears that on June 4, 1946, the plaintiffs delivered to defendant, for storage purposes, a fur coat, at which time defendant executed and delivered to plaintiffs its fur storage agreement (plaintiffs’ Exhibit 2 in evidence)… Construction of the will of testatrix, dated March 15, 1928, is requested by the administrator c.… Kaufman v. M. T. Davidson Co. Page 3651 This is a motion by the defendant Newell for judgment on the pleadings dismissing, as to him, the third and fourth causes of action alleged in the complaint.… People v. Hoffner Page 3655 This is a motion made in behalf of defendant Hoffner for an order directing the warden of Clinton Prison, Dannemora, New York, to deliver the defendant, Louis Hoffner, to the commissioner of correction of the city of New York and directing the commissioner of correction of the city of New York to deliver the defendant… People v. Hoffner Page 3656 This is a motion made in "behalf of the defendant herein directing that the conviction of the defendant be set aside and a new trial ordered and for such other and further relief as may be proper in the premises, This defendant was convicted on January 17, 1941, in the County Court of Queens County of the crime of… Tartaglia v. McLaughlin Page 3661 Petitioners seek an order- to' compel the respondents,.… In re Hervey, Barber & McKee Page 3667 Motion to dismiss proceeding for alleged failure to serve a sufficient bill of particulars.… Brewer v. Watson Page 3668 This is an application under article 78 of the Civil Practice Act for an order in the nature of a prohibition restraining the respondent, as Police Justice of the Village of Johnson City, New York, from further proceedings in two criminal actions now pending before him in which the petitioner is defendant, charged… Golding v. Veal Page 3670 The plaintiff, as an alleged holder for value of five $100 postdated checks, made by the defendant Charlotte Veal to the order of the defendant Rosenberg, and indorsed by the defendant George Veal before delivery, moves to strike from the answer of the defendants Veal the two cross claims which they have asserted… Rauch v. Mossberg Garage Corp. Page 3672 Plaintiff, who stored her passenger automobile in the public garage operated by defendant, brings this action to recover the sum of $76.… In re of 82-12 37th Avenue Corp. Page 3673 On this application to fix the emergency rent for business property, pursuant to section 2 of chapter 314 of the Laws of 1945, as amended, the petitioner moves for an order vacating the respondents’ demand for a bill of particulars and for other relief.… Ucci v. McBrian Page 3676 Petitioner commenced a summary dispossess proceeding in the City Court of White Plains to recover possession of premises “ as housing accommodations for your petitioner’s son, Michael J.… Curran v. City of New York Page 3678 This is an action brought by plaintiff, a taxpayer, against the defendants praying for a judgment declaring invalid and setting aside (a) certain grants, given without consideration, of lands and easements by the City of Hew York to the United Hations for the headquarters site on the east side of Manhattan, (b) the… Bialostok v. Wolfer Page 3681 The plaintiff, Max Bialostok, brought an action for the specific performance of an agreement for a joint venture, and for an accounting in connection therewith, against the defendants A.… In re the Accounting of Elliott Page 3682 The petition asks settlement of the account of the administratrix c.t.a.… Ross v. Pan American Airways, Inc. Page 3684 This is a motion pursuant to rules 113 and 114 of the Buies of Civil Practice for summary judgment dismissing the first cause of action.… Dorfman v. Dorfman Page 3685 In an action by the wife against her husband to recover the sum of $4,750, the alleged reasonable value of necessaries which she herself furnished between November, 1946, and June, 1947, because the defendant breached his obligation to provide them, the latter in his answer has interposed two counterclaims, seeking" a… Spitzer v. Spitzer Page 3688 In an action brought by plaintiff wife against her husband and the woman with whom he is living for a judgment declaring her (plaintiff) to he the lawful wife, and enjoining the defendants from holding themselves out as husband and wife, the defendants move to dismiss the complaint for legal insufficiency.… Community Camps, Inc. v. Richman Page 3691 The plaintiff, which is engaged in the business of operating and conducting a children’s camp for boys and girls in Sullivan County, New York, brought suit against the defendant, its director, secretary-treasurer and the owner of 33%% of its stock, for judgment directing him to surrender the corporate books and seal… Maas v. Weitzman Page 3692 On this motion to dismiss the complaint for legal insufficiency, the complaint alleges in substance that defendant purchased a Cadillac automobile from the General Motors Corporation, making a deposit of $100; that defendant sold to plaintiff for $200 his right to receive the automobile, upon condition that plaintiff… D'Angelo v. Hanruth Realty Corp. Page 3694 Hanruth Realty Corp. is the owner and Globe Operating Co., Inc., the lessee, of an entire building, the store of which is tenanted by Morris Horowitz, and the second floor of the same premises is occupied by the plaintiff, Elizabeth D’Angelo.… People v. Kitendaugh Page 3697 This is an appeal from a judgment of conviction in the City Court of Sherrill, convicting the defendant of exceeding the speed limit in violation of section 3 of Ordinance Number 18 of the City of Sherrill.… Concur: Hammer, Hofstadter and Hecht, Jb.,.… People v. Brody Page 3701 This is an application for a certificate of reasonable doubt.… Inselberg v. Trosty Page 3704 I feel that this matter falls within the purview of the decision of Mr. Justice Valente in Baron v. Newgass (N.… Ostrow v. City of New York Page 3706 Application, pursuant to subdivision 6 of section 50-e of the General Municipal Law, for leave to amend a notice of claim so as to indicate with greater particularity the place where the alleged accident occurred.… Robert H. McBride & Co. v. Fiske Page 3707 Plaintiff is the publisher and defendant the author of a book entitled “ Why Should Penguins Fly.” In the contract between them defendant agreed “ To keep the publishers safe, whole and harmless from all damage, hurt and expense of every nature, kind and description whatsoever arising from any claims or infringement… People v. Jackson Page 3708 John B. Jackson was arrested on September 13, 1947, charged with a violation of section 43 of the Penal Law, which is a misdemeanor.… In re the Estate of Eitingon Page 3710 Deceased’s will created trusts for the respective benefits of his three daughters.… In an action to recover a balance of $5,818.75 claimed to be due from the defendant to the plaintiff for certain work, labor and services performed,- and materials furnished for the repair and conversion of a certain steamship, the oom*355plaint alleges that the agreed price and reasonable value of the entire job was… Defendant is a banking corporation with branches in Shanghai, China, and in New York.… Bernofsky v. Rabinowitz Page 3717 The plaintiff, who for several years prior to on of about October 30, 1946, was a tenant in a two-family dwelling house owned by the defendant, sued to recover damages Which he claims were occasioned by Ms voluntary removal from the premises in reliance Upon “ A Certificate Relating to EyietiOn ” WMeh was issued by… Rabin v. Brooklyn Trust Co. Page 3719 Motion by plaintiffs for an order, pursuant to section 443 of the Civil Practice Act, directing a separate trial of the issue of liability for negligence prior to the trial of the issue of damages.… In re the Accounting of McArthur Page 3720 On the filing of his final account and in pursuance of section 227 of the Surrogate’s Court Act the executor has asked in this proceeding for a decree directing him as such executor to make and deliver to Frank E.… Seiler v. Geier Page 3721 This action seeks to compel the defendant to perform specifically a written agreement, dated May 12, 1947, which he alone signed.… Krameisen v. Weinstein Page 3724 Plaintiff moves for judgment on the pleadings, pursuant to rule 112 of the Buies of Civil Practice.… For the reasons set forth in the accompanying-opinion (190 Misc.… Memorandum Meeting rooms not located in hotels do not come within the category of rental space expressly excepted from the operation of chapter 314 of the Laws of 1945, as amended (known as the Business Rent Law).… Motion to dismiss the complaint is granted.… The plaintiff brought this action against its .… Greenberg v. Schilb Page 3729 The defendant George Schilb moves to vacate a judgment by default entered against him twelve years ago, upon the grounds that he was an infant, twenty years of age, when served with the summons, and that a copy thereof was not served on any of the persons designated in section 225 of the Civil Practice Act,' and that… Rudolph v. City of New York Page 3730 This is a motion to vacate an order granting to plaintiff leave to serve a notice of claim on defendant.… Green v. Hudson Shoring Co. Page 3732 Joseph Green brought an action against Hudson Shoring Go.… On August 1, 1940, testator executed his will wherein he named his daughter executrix and disposed of his estate as follows: “ Second: I give and bequeath unto Esther Cusack of No. 123-08 — 26th Avenue, College Point, Queens County, New York, and to my daughter, Viola Gunther, of Flushing, Queens County, New York, all… In re the Probate of the Will of Kapp Page 3735 The decedent herein died in a Japanese prisoner of war camp on the island of Amboina on January 18, 1945, leaving him surviving as his only distributees his mother, the proponent, and his father.… In re the Accounting of Widdecombe Page 3738 In this accounting proceeding the executor has requested the court to construe the first paragraph of the codicil dated June 18, 1941, which reads as follows: “ I hereby revoke, cancel and annul the bequest of one thousand ($1000.00) dollars, made to Charles Ingman, in and by paragraph numbered * Eighth ’ of my… Wortman v. Young Page 3739 Official Beferee. Plaintiff bought a used automobile of defendant delivered on or about August 5, 1946, at an alleged price in excess of the existing Office of Price Administration price regulation thereon.… Bishop v. Fitzgerald Page 3741 This is an application for an order permitting the defendant Aetna Life Insurance Company to give notice to.… Gallagher v. Gallagher Page 3742 The parties in this action were married in 1916.… In re the Accounting of Morrison Page 3745 In connection with the settlement of the account of the administrators c.t.a.… Plaintiff’s motion for summary judgment and defendant’s cross motion for summary judgment are each denied.… In re the Accounting of Howell Page 3750 Decedent died in the city of Schenectady on or about November 21, 1945, leaving a widow and no children.… Noyes v. Rothfeld Page 3751 This is a summary proceeding instituted by the landlord to recover possession of premises occupied by this tenant.… In re the Probate of the Will of Sawyer Page 3752 The jurisdiction of the Surrogate’s Court of Delaware County is challenged on the ground that the decedent was not a resident of Delaware County at the time of his death.… Golden v. City of Rome Page 3753 The defendant has made a motion for an order dismissing the complaint in each of the above actions on the ground that the complaint in each action does not state facts sufficient to constitute a cause of action.… Steinhardt v. Steinhardt Page 3754 The plaintiff trustees seek instructions with respect to the allocation of estate and inheritance taxes that have been imposed with respect to the agreement of trust and determining the rights of all the parties and for other relief; the defendant executors seek a judgment against plaintiffs, as trustees of the… The will of deceased dated July 27, 1938, was admitted to probate by decree dated June 13, 1947.… In re Girardon Page 3758 The Superintendent of Banks of the State of New York, having reason to suppose that certain individuals, among them the above-named applicant, were conducting a business in violation of the provisions of the Banking Law of the State of New York, particularly section 180 thereof, initi*774ated an investigation pursuant… Adams v. Vulovich Page 3759 The plaintiff in this action is the mother of the defendant, Georgette Wilma Vulovich.… City of New Rochelle v. Friedman Page 3761 The defendant Friedman is charged on the complaint of the Building Inspector of the City of New Rochelle with having on October 26, 1946, at 30 Eastchester Road in this City, “ wilfully and unlawfully violated Article VII, Sec. 1, of the Zoning Ordinance of the City of New Rochelle, by conducting a business on the… French v. Ladisky Page 3762 As to plaintiff French, individually: Admittedly the plaintiff did not exhaust his remedies within the association to obtain appellate review by the general executive board of the decision of the district council adopting the determination of the trial board.… Knickerbocker Village, Inc. v. Lackow Page 3764 The landlord has initiated eighteen summary proceedings to secure possession of the housing accommodations occupied by each of the tenants named in the respective petitions.… Lipschitz v. Sindell Page 3766 Memorandum The agreed statement of facts shows that all the owners in common have united in this proceeding and that the possession sought is for one of them.… This is a motion for judgment of foreclosure and sale in an in rem tax lien foreclosure, and to determine the priorities of the parties and the manner of distribution of the proceeds of sale.… Silverstein v. Board of Education Page 3769 Concur; Hammeb, Hofstadter and Hecht, Jr., JJ. Darmstadt v. Fischler Page 3770 Plaintiff swore the motor was very hot. He knew that when he ordered the gasoline put into his tank above the motor.… Gross v. Surface Transportation Corp. Page 3771 Concur: Hammer, Hofstadteb and Hecht, Jr., JJ. Schwartz v. Nudelman Page 3772 Final order and order affirmed, with $25 costs.… This motion is for judgment on the pleadings, after issue joined, in favor of the plaintiff, on the ground that no triable issue of fact is raised by the answer and that plaintiff is entitled to judgment as matter of law.… Holahan v. Holahan Page 3777 The parties to this action were formerly husband and wife.… In re the Probate of the Will of Boyle Page 3778 The paper writing offered for probate does not in terms nominate an executor.… Paragraph “ First” of the propounded instrument directs decedent’s husband, the sole legatee, to pay all her debts and funeral expenses.… Noyes v. Rothfeld Page 3790 Final order affirmed, with $25 costs. Concur; Hammer, Hofstadter and Hecht, JJ. Kind v. B. Gutter & Sons, Inc. Page 3795 It appears that the plaintiffs, Kind, are suing the defendant, B.… In re the Estate of Katz Page 3798 The application for consent to transfer to this court an action now pending in the Supreme Court is in all respects granted.… Purdy v. Humphrey Page 3805 This is a motion under rules 106 and 107 of the Rules of Civil Practice to dismiss each cause of action alleged in the third amended complaint herein on the following grounds as to the defendants Wolcott J.… Richardson v. Denneen Page 3808 The plaintiff did not employ the defendant to perform the operation.… Knickerbocker Village, Inc. v. Greif Page 3811 These proceedings are instituted by Knickerbocker Village, Inc. as landlord.… Fischhoff v. Adels-Loeb, Inc. Page 3815 This is a motion for summary judgment under rule 113 of the Rules of Civil Practice.… This is an action in ejectment involving title to lands under the waters of an eight-acre body of water located on the north side of Shinnecock Bay in Hampton Bays, Town of Southampton, Long Island (hereafter called Penny Pond).… Weisblum v. Li Falco Manufacturing Co. Page 3819 This is an application under article 78 of the Civil Practice Act for an order to compel the board of directors of the corporation respondent to call a special meeting of the stockholders of said corporation for the purpose .of removing from office all of the directors of said corporation except one.… People v. Vanguard Press, Inc. Page 3822 Although this proceeding is merely a hearing on the misdemeanor charge of violating section 1141 of the Penal Law by the sale of a book entitled, “ End As A Man,” published by the defendant, the question as to whether it is “ obscene, lewd, lascivious, filthy, indecent or disgusting ” within the meaning of that… Brendese v. City of Schenectady Page 3827 Plaintiff seeks judgment declaring that Ms several bids submitted to defendant city October 2, 1946, for eleven different items of sanitary sewer construction and totaling somewhat over $98,000 be rescinded, cancelled and declared null and void and of no effect; also, perpetually enjoining the defendants from… Gram v. Mutual Life Insurance Page 3829 The action is brought to recover the face value of two life insurance policies issued by the defendant upon the life of John A.… Williams v. Williams Page 3830 Motion by plaintiff for an order disaffirming the report of the official referee and for a further order granting to the plaintiff herein an interlocutory judgment of annulment of marriage.… Taylor v. Anderson Page 3834 The causes of action alleged in the complaint are insufficient under the decision of Thomsen v. Texon (189 Misc.… In re the Accounting of Edwards Page 3835 A motion for summary judgment under rule 113 of the Rules of Civil Practice was brought by the respondents, E.… Monat v. Ettinger Page 3836 Plaintiff, agent of a life insurance company, invited and obtained applications from the defendants for life insurance policies in that company.… Tuerck v. State Page 3848 Claimant’s intestate, her son, aged a little less than six years, while playing with a young companion at Ore Pit Pond in Taconic State Park, fell into the water and was drowned.… Popkin v. Original Novelty Co. Page 3849 Motion by defendants, a copartnership, for an order vacating plaintiff’s notice of examination, subpoena and subpoena duces tecum, or, in the alternative, modifying and limiting the same.… Milano v. Town of Patterson Page 3850 Close, Official Eeferee. This is an action brought to declare the zoning ordinance of the town of Patterson unconstitutional and void insofar as the property of the plaintiffs is concerned and to compel the building inspector of such town to issue a building permit to the plaintiffs.… Dravo Corp. v. City of New York Page 3853 TMs motion for summary judgment dismissing the complaint is granted.… McCabe v. State Page 3863 John F. McCabe was committed to the Rock-land State Hospital by order of the Supreme Court, pursuant to the procedure prescribed in the Mental Hygiene Law, September 15, 1942.… King v. Liotti Page 3864 In an action for wrongful death alleged to have resulted when a rowboat on Long Island Sound, which the decedents occupied, was struck by a motor boat owned and operated by the defendant, Liotti, plaintiffs move, pursuant to rule 109 of the Rules of Civil Practice, to strike out the second and third partial defenses… People ex rel. Schlecter v. Foster Page 3865 The relator was convicted in the County Court of Westchester County of the felony of possessing burglar’s tools and was thereafter duly arraigned upon an information pursuant to section 1943 of the Penal Law, charging him with having been thrice previously convicted of felonies within the meaning of section 1942 of… Dorsey v. Stuyvesant Town Corp. Page 3866 This is a motion for an injunction pendente lite in an action to enjoin defendants from “ refusing, withholding from, or denying to any of the plaintiffs or any others similarly situated ” any of the apartments in the housing project known as Stuyvesant Town “ because of the race or color of said person or persons.”… Brandenburg v. Hogan Page 3867 This motion is granted and the complaint is dismissed.… In re the Accounting of Halstead Page 3869 This is a proceeding seeking the construction of the third paragraph of the last will and testament of John M.… Tannen v. Spritzer Page 3870 No appeal lies as of right from an order granting a motion for summary judgment, and permission to appeal must be obtained (N.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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