POLLAK, Appellant, v. DODGE MFG. CO.,, Respondent. (Supreme Court, Appellate Division, First Department. October 16, 1914.) Action by Henry Pollak against the Dodge Manufacturing Company. L. C. Ferguson, of New York City, for appellant. M. B. Clarke, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 81 Misc. Rep. 216, 142 N. Y. Supp. 495. PORTER, Appellant, v. DAVIDSON et al., Respondents. (Supreme Court, Appellate Division, First Department. October 23, 1914.) Action by Caroline H. Porter against Charles L. Davidson and others. J. B. Doyle, of New York City, for appellant. P. R. Towne, of New York City, for respondents. No opinion. Judgment affirmed, with costs. Order filed. POSS v. POSS. (Supreme Court, Appellate Division, First Department. November 6, 1914.) Action by Frank R. Poss against Lillian K. Poss. No opinion. Motion granted, without costs. See, also, 149 N. Y. Supp. 587. POTTS, Respondent, v. BRADLEY CONTRACTING CO., Appellant. (Supreme Court, Appellate Division, First Department. October 16, 1914.) Action by William Potts against the Bradley Contracting Company. F. L. C. Keating, of New York City, for appellant. P. M. Pelletreau, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. POWELL, Respondent, v. A. & M. ROBBINS, Inc., Appellant. (Supreme Court, Appellate Division, First Department. October 23, 1914.) Action by Stephen E. Powell against A. & M. Robbins. Incorporated. V. L. Leibell, of New York City, for appellant. O. S. Bowling, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. PRATT, Respondent, v. McKEE et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 6, 1914.) Action by Michael Pratt against Henry D. McKee and another, etc. RAGUE, Appellant, v. NEW YORK EVENING JOURNAL PUB. CO., Respondent. (Supreme Court, Appellate Division, Second Department. November 6, 1914.) Action by William J. Rague against the New York Evening Journal Publishing Company. No opinion. Motion granted. See, also, 149 N. Y. Supp. 668. PER CURIAM. Order of June 29, 1914, reversed, and stay vacated, without costs. Appeal from order of July 6th, refusing to modify the prior order, dismissed, without costs. The removal of defendant Beers to Honolulu since the last trial affords no ground to stay proceed ings, or to impose the condition that such defendant shall again acquire a residence address within this state. Such a defendant now living without the state may be examined by dep- R. A. SCHOENBERG & CO v. HALL et al. osition under chapter 9, tit. 4, art. 3, of the (No. 6148.) (Supreme Court, Appellate DiviCode of Civil Procedure; and in a proper case sion, First Department. October 23, 1914.) Appeal from Special Term, New York County. Action by R. A. Schoenberg & Co. against Sarah J. A. Hall and others. From an order granting defendants' motion to vacate an order for examination of the defendants before trial, plaintiff appeals. Reversed. M. L. Heidenheimer, of New York City, for appellant. Thomas J. Whalen, of New York City, for respondents. PER CURIAM. The order appealed from is reversed, with $10 costs and disbursements, and the order for examination modified, by limiting the examination to facts tending to prove the plaintiff's cause of action. RAYMOND, Respondent, V. SUPREME LODGE K. P. OF THE WORLD, Appellant. (Supreme Court, Appellate Division, Third Department. November 11, 1914.) Action by Mary E. Raymond against the Supreme Lodge Knights of Pythias of the World. No opinion. Interlocutory judgment (85 Misc. Rep. 141, 148 N. Y. Supp. 76) affirmed, with costs, with usual leave to appellant to withdraw demurrer, and answer, upon payment of costs in this court and at Special Term. REGAN, Respondent, V. LEONHARD MICHEL BREWING CO., Appellant. (Supreme Court, Appellate Division, Second Department. November 6, 1914.) Action by Eloise F. Regan, as administratrix, etc., of Gerard Regan, deceased, against the Leonhard Michel Brewing Company. No opinion. Judgment and order unanimously affirmed, with costs. In re RICH. (Supreme Court, Appellate Division, First Department. November 13, 1914.) In the matter of Maurice B. Rich. No opinion. Application granted. Settle order on notice. See, also, 158 App. Div. 473, 143 N. Y. Supp. 623. RUMSEY, Appellant, v. SULLIVAN et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. September 30, 1914.) Action by Kate Rumsey against Darris Sullivan and others. RIPLEY v. GUARANTY TRUST CO. (Su-argument (of 148 N. Y. Supp. 1142) granted, to No opinion. Motion for repreme Court, Appellate Division, First Depart- be heard upon additional briefs, which may be ment. October 30, 1914.) Action by Alice L. submitted within 10 days. Ripley against the Guaranty Trust Company. No opinion. Motion granted, unless appellant complies with terms stated in order. Order filed. ROOT v. BRAINARD. (Supreme Court, Appellate Division, First Department. November 13, 1914.) Action by Perle W. Root against John M. Brainard. No opinion. Order reversed, with $10 costs and disbursements, and motion granted, to the extent of requiring plaintiff to give the particulars specified in subdivision (d) of defendant's notice of motion. Settle order on notice. See, also, 149 N. Y. Supp. 1108. ROOT, Respondent, v. BRAINARD, Appellant (Supreme Court, Appellate Division, First RUPERT et al. v. REES et al. (Supreme Court, Appellate Division, Fourth Department. September 30, 1914.) Application of Homer Rupert and James Austin for a writ of mandamus directed to Benjamin Rees and others, as Election Inspectors of the Town of Rutland, Jefferson County. No opinion. Order affirmed, and writ refused, without costs, upon questions of law only. RUPP, Respondent, v. STEINER et al., Appellants. (Supreme Court, Appellate Division. First Department. October 30, 1914.) Action by Jacob Rupp by William Rupp, guardian, against Henry Steiner and others. F. Moss, of New York City, for appellants. J. F. McIntyre, of New York City, for respondent. PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellants to abide event, unless plaintiff stipulates to reduce verdict to $5,000, in which event, judgment, as so modified, and order, affirmed, without costs. Settle order on notice. SCOTT and HOTCHKISS. JJ., dissent, and vote for reversal, on the ground that the verdict was against the weight of evidence. RUPP, Respondent, v. STEINER et al., Appellants. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action by William Rupp against Henry Steiner and others. F. Moss, of New York City, for appellants. J. F. McIntyre, of New York City, for respondent. PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellants to abide event, unless plaintiff stipulates to reduce verdict to $1,000, in which event, judgment, as so modified, and order, affirmed, without costs. Settle order on notice. SCOTT and HOTCHKISS, JJ., dissent, and vote for reversal, on the ground that the verdict was against the weight of evidence. In re RUSK. (Supreme Court, Appellate Division, Third Department. September 9, 1914.) In the matter of the application of William Rusk for a writ of certiorari directed to the Public Service Commission, Second District. PER CURIAM. Order reversed, with $10 costs and disbursements, and writ of certiorari denied, without costs, upon the ground that the relator's only remedy was by appeal under section 91 of the Railroad Law (Consol. Laws, c. 48). LYON, J., dissents. RYCROFT, Appellant, v. POST et al., Respondents. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action by Alice G. Rycroft against George B. Post, Jr., and others. R. Stewart, of Brooklyn, for appellant. A. B. Parker, of New York City, for respondents. No opinion. Judgment affirmed, with costs. Order filed. SACKHEIM PIGUERON. V. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action by Jacob Sackheim against William G. Pigueron. No opinion. Motion denied, with $10 costs. Order filed. See, also, 163 App. Div. 180, 148 N. Y. Supp. 27. sion, Third Department. November 11, 1914.) Action by the Sacred Heart Roman Catholic Church against Frederick Vedder and others. No opinion. Judgment affirmed, with costs. See, also, 148 N. Y. Supp. 1142. SAEGER, Appellant, v. LEHIGH VALLEY R. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. October 14, 1914.) Action by Estella M. Saeger, as administratrix, etc., against the Lehigh Valley Railroad Company. No opinion. Judgment affirmed, with costs. SANTOIEMMA, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court Appellate Division, Fourth Department. October 7, 1914.) Action by Donato Santoiemma, an infant, etc., against the International Railway Company. No opinion. Order affirmed, with costs. SAVOURET v. CONSOLIDATED GAS CO. (Supreme Court, Appellate Division, First Department. November 13, 1914.) Action' by Jeanne Savouret against the Consolidated Gas Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 149 N. Y. Supp. 1109. SAVOURET v. CONSOLIDATED GAS CO. (Supreme Court, Appellate Division, First Department. November 13, 1914.) Action by Jeanne Savouret against the Consolidated Gas Company. No opinion. Application denied, with $10 costs. Order signed. See, also, 149 N. Y. Supp. 1109. SAWYER, Appellant, v. STONE, Respondent. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action by Moses A. Sawyer against Edmund N. Stone. D. E. Goldfarb, of New York City, for appellant. S. P. Anderton, of New York City, for respondent. No opinion. Order aflirmed, with $10 costs and disbursements. Order filed. SCANLON, Respondent, V. NATIONAL BRIDGE WORKS, Appellant. (Supreme Court, Appellate Division, Second Department. October 2, 1914.) Action by Daniel J. Scanlon against the National Bridge Works. No opiniou. Judgment and order unanimously affirmed, with costs. SCHAEFER, Respondent, v. UNION RY. CO. OF NEW YORK CITY, Appellant. (Supreme Court, Appellate Division, Second Department. October 2, 1914.) Action by John Schaefer against the Union Railway Company of New York City. SACRED HEART ROMAN CATHOLIC CHURCH, Appellant, v. VEDDER et al., Re- PER CURIAM. Judgment and order reversspondents. (Supreme Court, Appellate Divi-ed, and new trial granted, costs to abide the event, on the authority of Ella M. Schaefer v. Union Ry. Co. of New York City, 149 N. Y. Supp. 290, decided herewith. RICH, J., dissents. SCHINTZIUS, Respondent, v. LACKAWANNA STEEL CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. September 30, 1914.) Action by Fedora Schintzius, as administrator, etc., against the Lackawanna Steel Company. PER CURIAM. Order modified, by limiting the inspection and discovery to a time when blast furnace No. 6, or the one nearest thereto, is in operation, upon condition that such furnace shall be operated within 30 days from the date of this order, and notice of such operation be given to plaintiff's attorney, whereupon plaintiff's attorney shall, within 2 days after receipt of such notice, make such inspection and discovery, and give 24 hours' notice to the defendant's attorneys of the precise time, within defendant's working hours, when such inspection will be made, and, as so modified, the order is affirmed, without costs of this appeal to either party. SCHLEGEL, Respondent. v. SCHAMBERGER. Appellant. (Supreme Court, Appellate Division, Second Department. October 16, 1914.) Action by Oscar Schlegel against George A. Schamberger. No opinion. Order of the County Court of Kings County affirmed, with $10 costs and disbursements. See, also, 148 N. Y. Supp. 1142. SCHMIDT, Appellant, v. BRENNAN et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 30, 1914.) Action by Eunice Niemoller Schmidt against John F. Brennan and another, as executors, etc. No opinion. Judgment afirmed, with costs. See. also, 157 App. Div. 895, 142 N. Y. Supp. 1143. SCHMIDT, Appellant. v. HERTZ et al., Respondents. (Supreme Court, Appellate Division, First Department. November 13, 1914.) Action by William Schmidt against Josephine Hertz and others. J. W. Bryant, of New York City, for appellant. S. N. Tuckman, of New York City, for respondents. No opinion. Judgment modified, by adding the sum of $20 to the recovery as interest, and, as modified, affirmed, without costs. Settle order on notice. SCHOR, Respondent, v. BRISKMAN, Appellant. (Supreme Court, Appellate Division, Second Department. October 16, 1914.) Action by William Schor against Isaac Briskman. PER CURIAM. The judgment entered in this action, dismissing the complaint of the plaintiff, was a final determination against the right of the plaintiff to an injunction, even though it was entered on plaintiff's default. There is no claim that it has been vacated, so its finality stands unquestioned at this moment. Therefore the defendant was entitled to the relief for which he moved, and the denial of the same by the learned Special Term was erroneous. The order is reversed, with $10 costs and disbursements, and the motion of the appellant is granted, with $10 costs. SCHUG, Respondent, v. ELLIS, JOYCE & HILDRETHI, Inc., Appellant. (Supreme Court, Appellate Division, Third Department. November 11, 1914.) Action by Thomas J. Schug against Ellis, Joyce & Hildreth, Incorporated. No opinion. Judgment and order unanimously affirmed, with costs. SCHWARTZ v. CHARLES SCHWEINLER PRESS. (No. 6185.) (Supreme Court, Appellate Division, First Department, October 16. 1914.) Appeal from Special Term, New York County. Action by Max H. Schwartz against the Charles Schweinler Press. From an order denying a motion to vacate an order for the examination of defendant before trial, defendant appeals. Modified and aflirmed. MacDonald De Witt, of New York City, for appellant. Eugene I. Yuells, of New York City, for respondent. PER CURIAM. The order appealed from is modified, by limiting the examination to the question as to the authority of the person mentioned in paragraphs 4 and 8 of the complaint. and, as so modified, affirmed, without costs. SCOTT & FOWLES CO., Respondent, v. WRIGHT, Appellant. (Supreme Court, ApNovempellate Division, First Department. ber 6, 1914.) Action by the Scott & Fowles Company against Nannie H. Wright. R. T. Greene, of New York City, for appellant. J. W. Prendergast, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 158 App. Div. 929, 143 N. Y. Supp. 1143. In re SCOVILL et al. (Supreme Court. Appellate Division, Fourth Department. October 14, 1914.) In the matter of the final judicial settlement of the accounts of Edward Tracy Scovill and Fred W. Noyes, as executors of the last will and testament of John Hyland, deceased. No opinion. Motion for reargument denied, with $10 costs. For former decision, see 148 N. Y. Supp. 1143. SEAMON, Appellant, v. INCORPORATED VILLAGE OF MINEOLA. Respondent. (Supreme Court, Appellate Division, Second Department. October 16, 1914.) Action by Arhold Seamon against the Incorporated Village of Mincola. No opinion. Motion for reargument (of 148 N. Y. Supp. 1143) denied, with $10 costs. SEILER v. KLUGMAN. (Supreme Court, | unless appellant file and serve briefs by October Appellate Division, First Department. Oc- 10th, pay respondent's attorney $10 costs, and tober 16, 1914.) Action by Isaac Seiler against be ready for argument on October 14th. Julius Klugman. No opinion. Motion denied, with $10 costs. Order filed. See, also, 145 N. Y. Supp. 1145; 149 N. Y. Supp. 436. SHIEBLER, Respondent, v. SHIEBLER, Appellant. (Supreme Court, Appellate Division, First Department. October 30, 1914.) In re SENDROWICZ'S ESTATE. (SuAction by Mary E. Shiebler against Marvin preme Court, Appellate Division, Fourth De-Shiebler. J. A. Haughwout, of New York City, partment. September 30, 1914.) In the mat- for appellant. R. K. Jacobs, of Brooklyn, for ter of awarding letters of administration upon $10 costs and disbursements. Order filed. respondent. No opinion. Order affirmed, with the estate of Walenty Sendrowicz, deceased. No opinion. Appeal dismissed, without costs, upon stipulation filed. SHELLEY v. FISH. (No. 6194.) (Supreme Court, Appellate Division, First Department. October 16, 1914.) Appeal from Special Term, New York County. Action by Harry R. Shelley against Horace W. Fish. From an order granting defendant's motion to strike out certain parts of the complaint, plaintiff appeals. Modified and affirmed. Herman J. Witte, of New York City, for appellant. William R. Conklin, of New York City, for respondent. PER CURIAM. The order appealed from is modified by denying the motion to strike out the portion directed by said order to be stricken out in paragraph fifth of the complaint, and, as so modified, affirmed, without costs. SIMPSON et al., Respondents, v. STALLO, Appellant. (Supreme Court, Appellate Division, First Department. October 16, 1914.) Action by John W. Simpson and others against Edmund K. Stallo. Chas. Haldane, of New York City, for appellant. G. Sumner, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. Ac SIDNEY NAT. BANK, Respondent, V. SHEPARD, Appellant, v. STRAUSS et al., KOSCHERAK BOX & LUMBER CO., ApRespondents. (Supreme Court, Appellate Di- pellant. (Supreme Court, Appellate Division, vision, First Department. October 16, 1914.) Third Department. September 23, 1914.) In the matter of Frederick W. Shepard against tion by the Sidney National Bank against the Charles Strauss and others. F. W. Shepard, Koscherak Box & Lumber Company. No opinof New York City, for appellant. C. J. Nehr-ion. Order affirmed, with $10 costs and disbas, of New York City, for respondents. No bursements. opinion. Order affirmed, with $10 costs and disbursements. Order filed. SIZER FORGE CO., Appellant, v. NICOLL, Respondent. (Supreme Court, Appellate Division, Fourth Department. September 30, 1914.) Action by the Sizer Forge Company against Benjamin Nicoll. No opinion. Order aflirmed, with $10 costs and disbursements. SKEELE COAL CO., Appellant, v. BAK- Order affirmed, with $10 costs and disbursements. Order filed. See, also, 147 N. Y. Supp. 1142. INGRAHAM, P. J., and SCOTT, J., dissent. SKELTON, Respondent, v. LEHIGH VALLEY R. CO., Appellant. (Supreme Court, Ap pellate Division, Third Department. Septem ber 9, 1914.) Action by Jennie P. Skelton, as administratrix, etc., against the Lehigh Valley |