In the matter of the application of Charles S. BELSTERLING, for admission to the bar. (Supreme Court, Appellate Division, Second Department. December 14, 1917.) Application granted. In the matter of the claim of Dora BERISSO and minor dependents, for compensation, etc., v. Annie L. EAGAN and the Travelers' Insurance Company, applts. (Supreme Court, Appellate Division, Third Department. December 28, 1917.) Appeal from State Industrial Commission. Proceeding before the State Industrial Board by Dora Berisso and another for compensation, against Annie L. Eagan, employer, and the Travelers' Insurance Company, insurance carrier. From an award of the Commission, the employer and insurance carrier appeal. Award reversed, and matter remitted to the Commission. PER CURIAM. Award reversed, and matter remitted to the Commission, on the authority of Dorb v. Frederick Stearns & Co., 180 App. Div. 138, 167 N. Y. Supp. 416. All concur, except Kellogg, P. J., dissenting, in memorandum in which Lyon, J., concurs. KELLOGG, P. J. (dissenting). The accident was May 19th, the death May 27th. Verbal notice was given May 28th. Upon the blanks furnished by the Commission they asked the claimant to state "Has notice been served on the employer?" She answered "Yes." To the question, "If so, how?" (by delivery or mail) she answered "verbally." To the question "What date?" she answered "May 28th, 1916." Neither party introduced any evidence upon that subject and the position of each must rest upon those answers. We Jessie BLANKENSHIP, Respt., V. Jesse O'DONNELL, Applt. (Supreme Court, Appellate Division, Fourth Department. October 20, 1917.) Order affirmed, with $10 costs and disbursements. All concur. Charles R. BLENIS, respondent, v. Gladys M. FREEMAN, appellant. (Supreme Court. Appellate Division, Second Department. February 1, 1918.) Judgment and order of the County Court of Westchester County unanimously affirmed, with costs. No opinion. Richard BLOCH v. Bert N. MARCUS. (Supreme Court, Appellate Division. First DepartJanuary 25, 1918.) Motions denied. with $10 costs in each. Orders filed. ment. Gabriel A. BOBRICK v. David MACKENZIE, (Supreme Court, Appellate Division, First Dewith $10 costs. Order filed. partment. January 25, 1918.) Motion denied, Estella W. BOGART, as administratrix, etc., The NEW YORK CENTRAL & HUDSON of Cyrus J. Bogart, deceased, respondent. v. RIVER RAILROAD COMPANY. appellant. (Supreme Court, Appellate Division, Second Department. February 1, 1918.) Judgment and order unanimously affirmed, with costs. No opinion. See, also, 171 App. Div. 652, 157 N. Y. Supp. 420. Sarah A. BOLLARD, Applt., v. N. Y. LIFE INS. CO., Respt. (Supreme Court, Appellate Division, First Department. February 1, 1918) Determination (98 Misc. Rep. 286, 162 N. Y. Supp. 706) affirmed, with costs, on opinion of Lehman, J., at Appellate Term. Order filed. Matter of Elbert S. BOUGHTON. (Supreme Court, Appellate Division, First Department. January 18, 1918.) Reference ordered to Hon. John J. Freedman, official referee. Settle or der on notice. The notice referred to in the blanks furnished by the Commission evidently relates to notice of the facts required by law to be given. must therefore conclude that the only defect in the notice of death was that it was verbal and not written. All reasonable intendments are in favor of the claim and of the service of proper notice. The Commission finds that after the injury the claimant was in no condition to give BOWIE DASH REALTY CO., Plff.. v. TInotice and that he died within the ten days, and TLE GUARANTEE & TRUST CO., Deft. (Suthat the employer having verbal notice of the preme Court, Appellate Division, First Departdeath next day was not prejudiced. The re- ment. January 18, 1918.) Judgment ordered quirement of notice is not to defeat the em- for plaintiff in accordance with the submission, ployé by a technicality, but is to secure to the on the authority of Real Estate Corp'n v. Haremployer an opportunity to investigate the facts and find whether it has a defense. When per, 174 N. Y. 123, 66 N. E. 660. Settle order the employer received verbal notice, it had every advantage it could have acquired if a written notice had been given; it was enabled fully to ascertain the facts and defend itself. Upon the record it was a fair question of fact whether, the notice being verbal instead of written but being within the statutory time, the employer and carrier were prejudiced by the fact that it was not in writing. The conclusion of the Commission upon that question of fact is binding upon us. I favor an affirmance. Henry BIRD, plaintiff. v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, defendant. (Supreme Court, Appellate Division, Second Department. December 29, 1917.) Motion for leave to appeal to the Court of Appeals denied. on notice. James BOYLE, respondent, v. Florence M. WALLACE, appellant. (Supreme Court, Appellate Division, Second Department. December 14, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Stapleton, Mills, Rich, and Putnam, JJ., concur. Willard C. BRADLEY, respondent, V. FRANKLIN FIRE INSURANCE COMPANY, appellant, and others, defendants. (Supreme Court, Appellate Division, Second Department. January 18, 1918.) Order overruling demurrer affirmed, with $10 costs and disbursements, with leave to defendant-appellant to answer upon payment of costs within 10 days. No opinion. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. Nicholas BRIGANTI, as administrator, etc., of Charles U. Briganti, deceased, respondent, v. Frank SZEMKÖ and Joseph Gaydica, copartners, etc., and David Meyer, appellants. (Supreme Court, Appellate Division, Second Department. January 18, 1918.) Judgment and order unanimously affirmed, with costs. No opinion. Benjamin F. BURKWITT v. NEW YORK RAILWAYS CO. (Supreme Court, Appellate Division, First Department. January 19, 1918.) Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed. Robert F. BURNS, respondent, v. Harry R. WILKINSON, appellant. (Supreme Court, Appellate Division, Second Department. December 21, 1917.) Judgment and order reversed, and complaint unanimously dismissed, with costs, upon the ground that as a matter of law the defendant had probable cause to believe that the plaintiff was about to take away his car without permission. Jenks, P. J., and Thomas, Stapleton, Rich, and Blackmar, JJ., concur. In the matter of the claim for compensation, etc., made by Ann Clair CAIN, widow, etc., v. UNITED BREEDERS' COMPANY and Employers' Liability Assurance Corporation, Limited, applts. (Supreme Court, Appellate Division, Third Department. December 28, 1917.) Award unanimously affirmed. In the matter of the application of BRONX PARKWAY COMMISSION, appellant, to acquire title to lands of the Garth Estates, respondent, and others, defendants. Proceeding No. 4-A. (Supreme Court, Appellate Division, Second Department. February 8, 1918.) Order affirmed, with $10 costs and disbursements, except that the commissioners of appraisal shall be by our order restrained from taking and filing their oaths within 30 days after the entry of that order, to afford the appellant opportunity to institute proper action, either to amend this proceeding or to bring a new one, to be consolidated with this, as it may be advised, so as to include in the proceeding the three other parcels of respondent's lands referred to in the moving papers, as well as the parcels now emGiulia CALVANO, Respt., v. INTERBORO braced in the petition, with leave to the appel-R. T. CO., Applt. (Supreme Court, Appellate lant, if such action shall be promptly taken, to apply at Special Term for a further stay of the taking and filing of such oaths, if necessary, until such enlargement of the proceeding has been effected. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. Settle order before Mr. Justice Mills. See, also, 99 Misc. Rep. 397, 164 N. Y. Supp. 9. Carrie T. BROWN et al., respondents, v. Thomas H. MILLSPAUGH, individually and as executor, etc., appellant. (Supreme Court, Appellate Division, Second Department. January 25, 1918.) Motion denied. Gussie BROWN, appellant, v. Jennie PRESS and Annie Eschan, respondents. (Supreme Court, Appellate Division, Second Department. December 29, 1917.) Judgment and order reversed, and new trial granted, costs to abide the event. upon the ground that the damages are inadequate. Thomas, Stapleton, Mills, Rich, and Blackmar, JJ., concur. Jennie C. BUCKLEY et al., Applts., v. Ida BEAVER, impld., Respt. (Supreme Court, Appellate Division, First Department. January 25, 1918.) Judgment and order affirmed, with costs. No opinion. Order filed. See, also, 99 Misc. Rep.643, 166 N.Y.Supp. 131. Matter of Barney BUDNICK v. Nathan S. KALMAN. (Supreme Court, Appellate Division, First Department. January 11, 1918.) Application denied, with $10 costs. Order signed. Division, First Department. January 25, 1918.) Judgment and order reversed, and new trial ordered, costs to appellant to abide event, on the ground that the verdict is against the weight of evidence on both issues of negligence. Order filed. er. Matter of George F. CANFIELD and anoth(Supreme Court, Appellate Division, First Department. Motion January 25, 1918.) granted. Order filed. In the matter of the claim of Henry CARLSON, for compensation, etc., applt., v. J. EDWARD OGDEN CO. and State Fund, insurance carrier, respts. (Supreme Court, Appellate Division, Third Department. December 28, 1917.) Question certified answered in the affirmative, on the authority of Matter of Post v. Burger & Gohlke, 216 N. Y. 544, 111 N. E. 351, Ann. Cas. 1916B, 158. All concur, except Kellogg, P. J., and Cochrane, J., dissenting. In the matter of proving the last will and testament of Albert CARNRIGHT, deceased, as a will of real and personal property. (Supreme Court, Appellate Division, Third Department. January 18, 1918.) Motion granted. See, also, 180 App. Div. 21, 167 N. Y. Supp. 438. De Francis E. CARTER, as administrator of the goods, chattels and credits which were of Bessie C. Carter, deceased, respt., v. The VILLAGE OF RIFTON, applt. (Supreme Court, Appellate Division, Third Department. cember 28, 1917.) Judgment and order reversed, on the ground that the verdict is not sustained by the evidence, and new trial granted, with costs to the appellant to abide the event. All concur. In the matter of the claim for compensation under the Workmen's Compensation Law, made by Anne CASEY, widow of Thomas Casey, deceased, on behalf of herself and her minor child, respt., v. BORDEN'S CONDENSED MILK COMPANY, employer and self-insurer, applt. (Supreme Court, Appellate Division, Third Department. January 18, 1918.) Matter remitted to the Commission to correct its findings, or for further findings. Louis CASTELLANO, as Trustee in Bankruptcy, etc., respondent, v. Leo KRIEGL, appellant, and Gustave Neugebauer, defendant. (Supreme Court, Appellate Division, Second Department. February 8, 1918.) Order reversed, with $10 costs and disbursements, and the motion of plaintiff denied, and that of defendant granted, with $10 costs, with leave, however, to the plaintiff, within 10 days, upon payment of such costs, to make and serve an amended complaint, upon the ground that paragraph III of the complaint is insufficient, in that it fails to allege facts constituting any indebtedness of the assignor, Kriegl, at the time of the sale. We conclude, however, that in such an action the assignor is a proper party defendant. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. In re report of CHAMBERLAIN OF CITY OF NEW YORK to the Appellate Division, Second Department, pursuant to rule LXVIII of the General Rules of Practice. (Supreme Court Appellate Division, Second Department. February 9, 1918.) Matter referred to Hon. Josiah T. Marean as official referee. In the matter of the claim of Eva CHAMPINE and Ruth Champine for compensation under the Workmen's Compensation Law for the death of Moses Champine. Degrasse Paper Company, employer; Massachusetts Bonding & Insurance Company, carrier, applts. (Supreme Court, Appellate Division, Third Department. January 18, 1918.) Motion denied. Anna CHROSCIEL, as administratrix, etc, respondent, v. The NEW YORK CENTRAL & HUDSON RIVER RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division. Second Department. January 11, 1918.) Motion denied. INGIONE for compensation for herself, respt, In the matter of the claim of Angelino CIRv. RITZ REALTY CORPORATION, employer, and United States Fidelity & Guaranty Company, insurance carrier, applts. (Supreme Court, Appellate Division, Third Department. January 18, 1918.) Award unanimously affirmed. CITY OF NEW YORK v. ILLINOIS SURETY CO. (Supreme Court, Appellate Division. First Department. January 25, 1918.) Motion denied, with $10 costs. Order filed. CITY OF NEW YORK, Respt., v. FIFTH AVE COACH CO., Applt. (Supreme Court, Appellate Division, First Department. January 25, 1918.) Judgment and order affirmed, with costs. No opinion. Order filed. See. also, 95 Misc. Rep. 366, 158 N. Y. Supp. 750. Isabella C. CLARK, as Adm'x., etc., Applt.. v. William GIBSON, Respt. (Supreme Court, JanuAppellate Division, First Department. ary 11, 1918.) Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs; the time for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Belle M. CLARK, appellant. v. Stephen J. MARSH, respondent. (Supreme Court. Appeilate Division, Second Department. February S. 1918.) Judgment of the County Court of Nassau County reversed, with costs, and the judgment of the justice of the peace is reinstated and affirmed, on the ground that it does not appear that the judgment of the justice of the peace is so plainly against the weight of the evidence that it can be seen that the justice could not reasonably have arrived at the conclusion which he made. Vandeymark v. Corbett, 131 App. Div. 391, 115 N. Y. Supp. 911. Jenks, P. J., and Thomas, Rich, Putnam, and Blackmar, JJ., concur. (Supreme Court, Appellate Term, First Department. January 10, 1918.) Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Bessie Cohen against Cesare Santini and others. Judgment for plaintiff, and defendants appeal. Modified. PER CURIAM. There is no warrant for the entry of a judgment herein of over $73 in amount. Judgment modified, by reducing the amount of recovery to $73 and appropriate costs in the court below, and, as modified, affirmed, with $20 costs of appeal. James CORRIGAN, respondent, v. GREEN FUEL ECONOMIZER, appellant. (Supreme Court, Appellate Division, Second Department. February 15, 1918.) Judgment and order reversed, and complaint unanimously dismissed, with costs, on the grounds (1) that there was no evidence in the case establishing negligence on the part of the defendant, and (2) that the plaintiff assumed the risk. CRAMP & CO., Respt., v. MASS. BONDING & INS. CO., Applt. (Supreme Court, Appellate Division, First Department. February WANNA BRIDGE COMPANY, defendant, and Frank Mayer, etc., appellant. (Supreme Court, Appellate Division, Second Department. January 25, 1918.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. William I. COHN and Joshua Cohn, copart-1, 1918.) Judgment and order affirmed, with ners trading as Home Manufacturing Com- costs. No opinion. Order filed. pany, Plaintiffs-Appellants, V. LIBERTY SHIRT COMPANY, Defendant-Respondent. Frank T. CRAVEN and Frederick D. Lin(Supreme Court, Appellate Term, First De-coln, copartners, etc., respondents, v. LACKApartment. January 10, 1918.) Appeal from Municipal Court, Borough of Manhattan, First District. Action by William I. Cohn and Joshua Cohn, copartners trading as the Home Manufacturing Company, against Liberty Shirt Company. Judgment for defendant, and plaintiffs appeal. Reversed, and new trial ordered. PER CURIAM. This was an action for replevin, and defendant set up as a separate defense a lien upon the merchandise for the sum of $149.33, for work, labor, and services, upon the goods sought to be replevied, but upon the trial defendant failed to offer any evidence of the value of the work performed, and respondent now consents to a reversal of the judg-spondent, v. EON REALTY COMPANY and ment. The judgment is therefore reversed, and a new trial ordered, with $30 costs to appellant to abide the event. Matter of John M. COLEMAN, an attorney. (Supreme Court, Appellate Division, First Department. January 11, 1918.) Motion granted. Settle order on notice. Hugh M. CREIGHTON v. COMM. ADVT. ASS'N. (Supreme Court, Appellate Division, First Department. January 25, 1918.) Motion denied, with $10 costs. Order filed. Albertina D. CREVELING, Plaintiff-ReLorne A. Scott, Defendant-Appellants. (Supreme Court, Appellate Term, First Department. January 10, 1918.) Appeal from City Court of New York, Trial Term. Action by Albertina D. Creveling against the on Realty Company and another. Judgment for plaintiff, and order denying motion to set aside verdict and for new trial, and defendants appeal. Affirmed. Nellie CONDON v. Esther E. D. HOSMER WEEKS, J. There is no evidence to estaband another. (Supreme Court, Appellate Divi-lish an individual liability of the defendant sion, First Department. January 25, 1918.) Scott, and the motion to dismiss the complaint Motion granted, with $10 costs. Order filed. as against him should have been granted. The fore reversed, with costs, and the complaint, as judgment against the defendant Scott is thereto him, dismissed, with costs, and the judgment against the defendant on Realty Company is affirmed, with costs. All concur. In the matter of the claim of William J. CONLON for compensation under the Workmen's Compensation Law, claimant-respondent, V. SELDEN MOTOR VEHICLE COMPANY, employer, and the Standard Accident Insurance Company, of Detroit, Michigan, appellants. (Supreme Court, Appellate Division, Third Department. January 18, 1918.) Award unanimously affirmed. In the matter of the claim of Mrs. Lottie COONS, for compensation, etc., v. ENDICOTTJOHNSON CO. and Employers' Liability Assurance Corporation, Limited, applts. (Supreme Court, Appellate Division, Third Department. December 28, 1917.) Award unanimously affirmed. Rose COOPER, respondent, v. TERRY & TENCH, Inc., appellant, and another, defend ant. Robert E. CRUTCHFIELD, Respt., V. THIRD AVE. R. CO., Applt. (Supreme Court, Appellate Division, First Department. Febru ary 1, 1918.) Judgment and order affirmed, with costs. No opinion. Order filed. Samuel CUMMINGS, Applt., v. Roy WEISSBERG (also known, etc.), impleaded, etc., Respt. (Supreme Court, Appellate Division, First Department. January 11, 1918.) Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. No opinion. Order filed. Helen DANIELS, by Christopher Daniels, her (Supreme Court, Appellate Division, Sec-guardian ad litem, respondent, v. Henry JOHNond Department. December 14, 1917.) Judg- STONE and Amelia Johnstone, appellants. ment and order unanimously affirmed, with (Supreme Court, Appellate Division, Second costs. No opinion. Department. February 1, 1918.) Judgment 168 N.Y.S.-70 and order unanimously affirmed, with costs. No 210 N. Y. 389, 104 N. E. 933, and Knapp v. opinion. Annie DAVIDSON, as administratrix, etc., of John Davidson, deceased, respondent, v. The BROOKLYN HEIGHTS RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. December 29, 1917.) Judgment reversed, and new triai granted, costs to abide the event, on the ground that the plaintiff has failed to establish the cause of action alleged in the complaint, and that the proof failed to establish any such defect in the condition of the pavement at the place of the accident as to charge the defendant with negligence. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. William J. DAVIS, appellant, v. VILLAGE OF MILLBROOK, respondent. (Supreme Court, Appellate Division, Second Department. December 14, 1917.) Judgment and order of the County Court of Dutchess County unanimously affirmed, with costs. No opinion. In the Matter of Samuel G. DAYTON, dec'd. (Supreme Court, Appellate Division, First Department. January 25, 1918.) _Decree and order (100 Misc. Rep. 632, 166 N. Y. Supp. 951) affirmed, with costs. No opinion. Order filed. Sarah M. DE BEVOISE, and others, respondents, v. MAPLE AVENUE CONSTRUCTION COMPANY, Inc., et al., defendants; Abraham Weinstock and Louis Fishman, appellants. (Supreme Court, Appellate Division, Second Department. December 29, 1917.) ment affirmed, with costs. No opinion. Jenks, P. J., and Stapleton, Putnam, and Blackmar, JJ., concur. Rich, J., dissents. Judg Wells Fargo & Co., 134 App. Div. 712, 119 N. John M. DIGNEY, respondent, v. CITY OF WHITE PLAINS. appellant. (Supreme Court, Appellate Division, Second Department. January 25, 1918.) Judgment unanimously affirmed, with costs. No opinion. Elizabeth DOETSCH, respt., v. Herman DOETSCH, defendant, and John Zimmerman, junior creditor, applt. (Supreme Court, Appellate Division, Third Department. January 18, 1918.) Order unanimously affirmed, with $10 costs and disbursements. Catherine DOLAN, respondent, v. Sam ELLIS and the City of White Plains, appellants. (Supreme Court, Appellate Division, Second Department. December 29, 1917.) Judgment and order unanimously affirmed, with costs. No opinion. Kate DONOVAN, appellant, v. TRANSIT (Supreme Court, Appellate Division, Second DeDEVELOPMENT COMPANY, respondent. partment. February 8, 1918.) Order and judgment unanimously affirmed, with costs, upon the ground that connection by the defendant with the railroad or ditch was not admitted or proven. Nora Blatch DE FOREST, respondent, v. Lee DE FOREST, appellant. (Supreme Court, Appellate Division, Second Department. January 25, 1918.) Order reversed, and motion denied, upon the ground that the child's welfare at the Edward A. SEAMAN, as executor, etc., of PatJohn DOOLEY, appellant and respondent, v. present time does not require modification of the judgment under which plaintiff was award-rick Mahoney, deceased, respondent and appeled possession of the child and undertook its lant. (Supreme Court, Appellate Division, Seemaintenance and education. Jenks, P. J., and ond Department. December 29, 1917.) Thomas, Putnam, Blackmar, and Kelly, JJ., ment and orders affirmed, with costs to the plaintiff, payable out of the estate. No opinion. Jenks, P. J., and Thomas, Stapleton, Rich, and Blackmar, JJ., concur. concur. Geneva M. DENNIN, applt., v. James C. FARGO, as President of the American Express Company, respt. (Supreme Court, Appellate Division, Third Department. December 28, 1917.) Judgment affirmed, with costs, on the authority of Boyle v. Bush Terminal R. R. Co., Judg John DOOLEY, appellant-respondent, v. Edward A. SEAMAN, as executor, etc., of Patrick Mahoney, respondent-appellant. (Supreme Court, Appellate Division, Second Department. February 9, 1918.) Motion denied, without |