The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-18
APPELLATE DIVISION DECISIONS.
List Handed Down Yesterday By the
First Department..


First Department..
Tho following decisions were handed
down yesterday by the Appellate Division.
First Department
ps SifSSep re-. s''9p Spsny Spp nss
order modified as directed In opinion. and
Ions BY Laushiin. J. and Insraham. r J.
Unsraham. p. J.. dissentinsj Settle order
man u company. pe.pehssn, D.,er!nlnation
dsred with costs to appciian, in ali courts,
20 abide event, OPINIONS by Clarke Z. and
insJ Settle order on no,ic. So ''
Mys nn.,.n ha%sOn pos.,, a. Kim: 1sss,Srs
dent; judgment affirmed. with costs. No
0p chSrie. g R,ani' appellant. VS. Arthur
C. Austin. respondent judgment affirmed
with coses No opinion. order Med
son Starrett Company, appellant Judgment
and order affirmed. with costs No opin-
lon, ungraham. r. j. dissenting order
wsltsr II sslosne. as, ,yecu,or. &c. re;
sairmed. with costs 10 opinion. order
Thomas $. Baker. respondent: vs. B.p-
smin ors r1asT%; i%psadhed Sc appel,
| disbursements. with leave TO defendant TO
withdraw demurrer and to answer. on pay
court below. ~ opinion. order nisd
Thomas = Baker. respondent, VS.. Harley
armed. with $40 costs and di.bursements
With leave to defendant TO withdraw de.
in this conr, and il the court below. No
Edwin +. Rosenthsi as administrator de
national College 81 LsnnEussSs. appellant.
, No opinion. Order niec.
DE I;asO,sllerie. respondent. ". ,Automo,
sni.med. with cost. 70 opinion Order
Ka,herin. J. McNamee. appellant, VS..
James Z. c. Leayitt az adm illustrator, &c y.
/ respondent. order affirmed. with costs.
Bunting Bull Company. vs. city o, Mount
v,Tnon rssr ,S dent IGdsm,snt and orl:r
Drov.rs psposi, Ns,i"nai Bank o. chi
dent Judgmen, reversed ana new trial
ordered. with costs 20 appellant. 10 abide
event, Opinion By Clarke. J. Settle order
stephen q. Clarke as executor. &c. e.
&C.. appellant. Judgment modified IN ac-
cordance with opinion and as modified AZ
to amend answer Affirmed, with 80 costs.
Opinion by Scott. Settle order on notl e.
than Burns,ine. appellant Judgment al
hrwed With cost, costs No %piniHptp order filed
dent, VS. George d. Cook in1ividuaily 6.
ct al. inpleeded., &c. appellants Juds.
dismissed. with costs opinion By Scott, J
Settle order on notice
- Gaetano sciscca. respondent vs. city OF
rehs,sed MN co costs and nomp,Ain, Dis
settle order on notice ~
The Alicia Realty COMPANY, respondent
and order affirmed. with costs 10 opin.
. Emma r suiiy, re.pondsn,. v. TIFFANY. 4
B costs and disbursements 40 opinion or
Ahrshsm I:sv.n. an infant, &c. r'.poo-
/ pany. appellant. Judgment and o-der -
Mars Her1er.yn. ?. ,poudtcgt - De .
| order reversed ani new tria grantef Win
costs 20 appellant to gh!d" even, Opiuiou
The People. SC, respondent. vs. Joseph
II%o dn,hior "pnrtaaar' o,. alignment affirmed
Max spiegeL appellant vs. Reniamin \
$40 cost. and disbursements, motion denied
stated opinion by Clarke. j order MED
Louis Th.0d2!e T HseS s a rPe2p2
Matthewson as President OF the Borough OF
With 30 costs and d,-Sar-emen,s and mat,
/ ter RENTED To the Justice who made the
cation, opinion by Laughnn J. order
Maldonado & CO. respondent. vs.. Luis ,
with $40 costs and disbursements opin-
os ny h.I nns,an oFde sm Ned res,onaen.
order anifned. with $40 costs and dis
bursements No opinion; Order Med.
| pany In re Jacques Lcbaudy order re
versed and motion granted as stated in
! opinion. opinion BY Laushlin. J Settle or
Prest-o Lite Company. respondent. vs.
| Norman Brockner appellant. Deter
! piaint dismissed. with costs in ali courts
/ Opinion by Iaughlin. J mclaughlin and
| Hotchkiss, u. dissenting Settle order on
notice.
Pres, -o-Lne COMPANY. respondent, "
| Frederick Ray 81 al, appellants Deter
mination and judgment reversed and com
piaint dismissed. with costs iu al courts
/ opinion by Iaughlin. mclaughlin and
Hotchkiss. u. dissenting Settle order on
/ notice
Metropolitan Opera Company. respondent
/ vs. Oscar Hammerstein Of a., appellants
Judgment and order. anirmed. WIN costa
Theresa NJ Donneliy ~ auxiliary ,Aecu-
| ,ris sc. respondent. VS.. II 4. & \ l
riercy Contraetins COMPANY appellant
/ ordered. with costs to appellant to abide
vent Opinions by lngraham. y J. and
Laushln J Settle order on notice,
Dean e. Osborne, appellant Determination
and judgment reversed and judgment or.
bowling. J. CClsrke ana bow ing, il. dis
scnting) Settle order on notice.
! vs. James G. Spencer. respondent appellant
| Otto l. Gearing, implicated. respondent AZ
to defendant Spencer Judgment an! order
! Ing judgment and order reversed ami new
| trial ordered with costs to appellant, to
abide event, No opinion settle order on
in the Matter 81 georgia Robinson. an at
torney Respondent d'sbarred opinion b.
In ia" Matter o. sImUe' 5. Wl'ithouss.
an sttorn.v. Referred to official referee
settle order on notice