The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-06
APPELLATE COURT DECISIONS.
Complete List Handed Down ny
First Department Division.

The following decisions were handed
dow yesterday by the Appellate Dl-
vision. FIRST Department
lnsrnhim. 7. j.; Mclaughlin. LsuEhiin.
Charlie and scot. j.
james + pBrIen, appellant. ". the city
order affirmed with costs. Opinion By
CLARKE. !. Oricr nlcd.
Giuseppe GazZola, us administrator &c.
appellant. ". Thomas j oBrien, respon-
dent. Judgment and order reversed. new
irial ordered. costs 10 appellant TO abide
event Opinion by Clarke, J. order hled.
StmueI M.nsky, respondent. W. Israel
On"hbeTg ANA another. appellants, Judg-
mtn: auI ord,r reversed. new trial ordered.
costs 10 appellants to abide event. Opinion
by SCOTT, J order He'd,
o.at Nielsen. respondent. v George A.
order reversed Vita costs. motion TO Sc,
aside verdict granted and complaint dts
missed Win costs opinion By Laughlin'
Georgiann d. Williamson. respondent. VI.
Eugene N~ll.ttms"u. arp"'Iant. Judgment
1ui orders Affirmed With costs. Opinion
oiu j stephens. Inc, appellant. ~
l.,}N mack R'a,ig. Inc. respondent Juds-
mont and order r~',Is"d. new tr!a. OF.
ay''l, costs q" ]arp,I.ut to a..de event
pE,u.nn pr r.r.'m order r'cf.
Earn F,huI. r'sPouden'. vs. Anna e
Meyer, app iuut ana Howard Taylor. 70.
sruhIel'. Judgement reversed with costs
ton. opinion by Mclaughlin, J. Settle
Ida Wei-mHn, appellant. ~. city 81 New
York. respondent order and judgm~n,
reversed Win cos,s and Judgment ordered
~ verde; with costs opinion by Nc.
Laughitn. :. order hleh
United states Eail 90. respondent. "
Ernst Wiener q another. appellant. Judg.
m,n' reversed ana new trial ordered VIII
ms no @gpSa'riiy :" SS,'e wv, ana ma,
un - p'.!utir stipu!ates to reduce tbs
W. mGni as s'',ca in opinion: In whisl
without costs opinion by Scott, J. Scttl,
order on notice.
IN the ma,tor OF rugsley avenue. order
and nation granted With SO costs. Op!n
Ton By McI.aughi!n J. order filed.
don't, vs. brotherhood Of Painters, &c. e
al. appellants judgment and order az
hrnod win costs, opinion by Scott J
CiotldA sartorl, appellant. v, .Jon'
Hah9fa, f:sponleut :" much OF tn
much OF the order as directed a dismiss
OF, the complaint aud the judgment dis
" new ,rrinnt oydcrrea Nh, are rssetsea an
liant to abide event. No opinion. settl
order on notice.
hhnn,rlstrhtor sc, respondent vs. Arthu
II Woods hs Commissioner &c, appel
di,hurscments and motion denied viii
81" costs. opinion by Scott j. Orde
clara : Barclay as trustee Sc. appel
order reversed with 80 costs and dis
burs"ncnt- aud motion granted npinioi
per curtain. settle order on notice.
George Il leighton, appellant, W. Ne,
Work Railways company, 81. al, rospon
dents. order reversed with SO costs an
disbursements and original order for ex
animation relnstated. opinion by Clarke
J. settle order on notice.
Mary Cancpari as Enthusiastically respon
dent, ". Bernheimer a Schwartz pilsene
Brcwing Company Inc appellant. ord.
/ nj motion granted, opinion DSr Curlnf
GeorFe :. Hayes, respondent, VS., Amer
lean fridge Company, appellant. Drde
moditled as directed in opinion and q
modified affirmed with so costs and dis
euriim' se,,il"c o sHpT', on notice op'"'o" pe
In the matter Of Nicola Abo Samra M
a%n9thsr order reversed with $40 cost
with 80 costs, opinion by Laughlln,
order nled,
brownie II. weavcrson, respondent. "
Armed with $40 costs and disbursement
No opinion. order hled.
& Weckos strvciortng company. Apo
liant, order reversed with $40 costs an
so costs, opinion by Mclaughlin,
In tho matter of Seymour J. hyde d
ceased order reversed with $40 cos
With SO costs. opinion by MeLaushiii
j.. settle order on notice. 49,.
Scott, bowling, il.
Ike Kohn, respondent. vs.. p. and !
Publishing Company. appellant, Judl
mcut aui order reversed, new trial ordc
ed, costs to appellant 10 abide even
opinion by Mclaughlin, j, Order filed,
lrcnN boCourceS, respondent, vs.. II,
Delapenha and another, implicated, appe
/, trial ordered, costs to appellants to abb,
event. opinion by scott, j. order filed
, Minnie u Baehr and another. r
apondents. vs. Sarah A. smith. impleade
appel. Judgment and order reversed, wi
: costs and motion to amend Judgment u
MED, with $40 costs and disbursement
Opinion by Mclaughlin, j. order fled.
William Lester, respondent, VS.. Otis El
: vator Company, appellant, Detcrminati'
affirmed, with costs and disbursement
/. opinion by Mclaughlin. j. order hied
David y. caryalho, appellant, vs.. lie
bert T., suddeily. respondent. Jud
costs to appellant TO abide event. Opini'
by Laughiin, j. CMclaughlin and Dowlin
il. dissenting) order filed.
In the matter OF benjamin Altman. d
ceased. Decree affirmed, with costs q
opinion of Fowler, $, ungraham, J.. -,
and l.aughlin, j., dlssenting.) Dissentii
opinion by Laughlin, J. Order Med.
%lugraham, l.. j., Laughlin. Clark
Scott, bowling, III.
Deinetrlus NJ, Botassis. as Administered
respondent, w, George A, Thanasules, a
peilant. Judgment affirmed, with cos
without prejudice to an action by the q
PENDANT to determine whether there was
copartnership and for an accounting as b
tween The parties Opinion per euria
- oI ~ Hartman. r-espondssA Tea