with costs. No opinion. Order filed. See, also, 171 N. Y. Supp. 577. Alfred COLE, etc., respondent, v. AMERICAN BLIND STITCH MACHINE COMPANY, Inc., and others, etc., appellants. (Supreme Court, Appellate Division, Second Department. October 24, 1919.) Motion granted, without costs, on condition that appellants perfect the appeal, place the case upon the calendar for November 3, 1919, and be ready for argument when reached. The case, subject to the approval of the judge at Special Term, should remain upon the calendar. In re Application of Franklin A. COLEGROVE for the opening of a highway at Barcelona in the Town of Westfield, known as First Street Extension. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Motion to dismiss appeal granted, with costs. Bird S. COLER, Com'r, etc., on complaint of Barbara R. Kiripolsky, Respt., v. George STRBA, Applt. (Supreme Court, Appellate Division, First Department. December 5, 1919.) Judgment affirmed. No opinion. Order filed. Joseph P. COLLINS, Respt., v. INTERNATIONAL HIGH SPEED STEEL CO., Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Judgment and order affirmed, with costs. No opinion. Order filed. COMMERCIAL TRUST COMPANY, OF NEW YORK. Applt., v. COLUMBIA TRUST COMPANY, Respt. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Judgment and order affirmed, with costs, on the authority of East River Nat. Bank v. Columbia Trust Co., 187 App. Div. 889, 174 N. Y. Supp. 901. Order filed. See, also, 183 App. Div. 106, 170 N. Y. Supp. 552; 184 App. Div. 881, 170 N. Y. Supp. 555. COMMISSIONER OF PUBLIC CHARITIES, etc., on the complaint of Anna Cooper, respondent, v. James COLTON, appellant. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Appeal dismissed, without costs. In the Matter of the Proceeding of the COMMON COUNCIL OF THE CITY OF NORTH TONAWANDA, N. Y., to extend Bryant Street across the right of way of the Erie R. R. Co. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Petition for writ of certiorari granted. Michael C. CONDELLO v. FREDERICK LOESER & CO., Inc. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion to dismiss appeal granted, with $10 costs. Order filed. Anthony CONDELLO, an infant, v. FREDERICK LOESER & CO., Inc. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion to dismiss appeal granted, with $10 costs. Order filed. Eva K. CONLON v. Edward B. HOSIER et al. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion granted. Order filed. Guido CONSENTINO, respondent, v. ILLINOIS SURETY COMPANY, appellant, (Supreme Court, Appellate Division. Second Department. November 17, 1919.) Appeal dismissed, without costs. Costa CONSTANTINIDI et al. v. Rolf H. LINDEN. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion to dismiss appeal granted, with $10 costs. Order filed. CONSUMERS PARK BREWING COMPA NY, appellant, v. Charles BRAITCH, respondent. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Appeal dismissed, without costs. August CONTI et al., Respts., v. LEGEND REALTY CORPORATION, Applt. (Supreme Court, Appellate Division, First Department. November 7, 1919.) Judgment and order affirmed, with costs. No opinion. Order filed. August CONTI et al. v. LEGEND REALTY CORPORATION. (Supreme Court, Appellate Division, First Department. November 28. 1919.) Motion denied, with $10 costs, and stay vacated. Order filed. August CONTI et al. v. LEGEND REALTY CORPORATION. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Motion denied, with $10 costs. Order filed. CONTINENTAL PRODUCING COMPANY, Inc., respondent, v. Michael A. SHEA and Isaac Slutzker, copartners, etc., defendants; : (178 N.Y.S.) Isaac Slutzker, appellant. (Supreme Court, Ida COTT, as adm'x, etc., respts., v. ERIE Appellate Division, Second Department. Oc- RAILROAD COMPANY, as lessor, etc., applts. tober 31, 1919.) Order affirmed, with $10 et al. (Supreme Court, Appellate Division, costs and disbursements. No opinion. Jenks, Fourth Department. September 22, 1919.) P. J., and Mills, Rich, Blackmar, and Kelly, Appeal dismissed, unless appellants shall file JJ., concur. James CONWAY, plaintiff, V. BLUFF POINT STONE COMPANY, respt., and United States Fidelity and Guaranty Company of Baltimore, Maryland, impleaded with others, applt. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Judgment unanimously affirmed, with costs. See, also, 180 App. Div. 835, 168 N. Y. Supp. 170. Lillias D. COOKE and Norma MacD. Fischer, appellants, v. Charles C. BURLINGHAM, as executor, etc.. of William Coverly, deceased, and Rebecca Frances Coverly, respondents. (Supreme Court, Appellate Division. Second Department. October 10, 1919.) Judgment (105 Misc. Rep. 675, 173 N. Y. Supp. 614) affirmed, with costs. No opinion. Jenks, P. J., and Mills, Rich, Kelly, and Jaycox, JJ., con cur. and serve printed briefs by October 1st. In the matter of the application of Frank B COTTE, appellant, for a writ of mandamus, etc. (Supreme Court, Appellate Division, Second Department. October 11, 1919.) Order of the Special Term, denying application for writ, affirmed, without costs. No opinion. Jenks, P. J., and Mills, Putnam, Blackmar, and Kelly, JJ., concur. Order affirmed 125 N. E. 914. William F. COX, Respt., v. CENTRAL RAILROAD OF HAITI, Inc., Applt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order, so far as appealed from, affirmed, with $10 costs and disbursements; the date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Lillias D. COOKE and Norma MacD. Fisch- William R. CRAIG, Respt., v. William P. er, appellants, v. Charles C. BURLINGHAM, JENKS, Applt. (Supreme Court, Appellate as executor, etc., and another, respondents. Division, First Department. October 17, (Supreme Court, Appellate Division, Second 1919.) Order affirmed, with $10 costs and disDepartment. November 21, 1919.) Motions bursements. No opinion. Order filed. denied. Putnam, J., not voting. Cecelia CRONYN, an infant, etc., respt., v. BUFFALO BREWING CO., impleaded, etc., applt. (Supreme Court, Appellate Division, Fourth Department. October 8, 1919.) Judgment and order affirmed, with costs. All con concur. Annie COPELAND, as Adm'x, etc., Applt., v. CENTRAL R. R. CO. OF NEW JERSEY, Respt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. cur. Margaret CRONYN, respt., v. BUFFALO BREWING CO., impleaded, etc., applt. (Supreme Court, Appellate Division, Fourth Department. October 8, 1919.) Judgment and order affirmed, with costs. All concur. William G. CROSS, respt., v. WESTCOTTJEWEL CO., applt. (Supreme Court, Appellate Division, Fourth Department. October 8, 1919.) Judgment affirmed, with costs. All concur. In the matter of the petition of Benjamin F. CROWELL et al. for the drainage of certain swamp lands. (Supreme Court, Appellate Division, Fourth Department. October 1, 1919.) Motion to dismiss appeal granted, unless appellant shall file and serve printed papers within 60 days and pay to respondent's attorney $10. William W. CUNNINGHAM, Applt., v. Robert LOGIE et al., Respts. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order reversed, without costs, and motion granted, to the extent of striking from the original order for examination items Nos. 2 and 3. The date for the examination to proceed to be fixed in the order. No opinion. Or der filed. Hugh F. CURRY, Respt., v. Francis X CODY, Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. Douglas W. CUTLER, an infant, by Daniel B. Duncan, his guardian ad litem, respondent, v. NEW YORK CENTRAL RAILROAD COMPANY, appellant. (Supreme Court. Appellate Division, Second Department. October 3, 1919.) Judgment and order unanimously affirm ed, with costs. No opinion. Emily H. DALZELL, respondent, v. ATCHISON, TOPEKA & SANTA FÉ RAILWAY COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. November 21, 1919.) Judgment and order affirmed, No opinion. Jenks, P. J., and In the matter of Aron DATESGOLD, deceased. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order reversed, with $10 costs and disbursements, and the motion granted, and the time of the appellant in which to serve said purposed case is extended for 10 days from date of entry of this order. No opinion. Order filed. In the Matter of the Application of Benjamin DAVIDSON, Respt. Joseph MONACO, Plf., v. Samuel BLANK, Applt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Judgment and order affirmed, with $10 costs and disbursements. No opinion. Order filed. Violet F. DAVIS, as administratrix, etc., cf William C. Davis, deceased, respondent, v. Michael J. SALTSER and Michael Weinsier, copartners, etc., appellants. (Supreme Court, Appellate Division, Second Department. October 24, 1919.) Order unanimously affirmed, with costs. No opinion. John DEE, respt., v. Mary J. LIGHTHALL, appellant, Edwin Smith, Nancy A. Morris and Adella Cole, defendants (two cases). (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Order unanimously affirmed, with $10 costs and disbursements. In the matter of the claim of Charles DEERY for compensation under the Workmen's Compensation Law, claimant, respt., v. H. C. & A. I. PIERCY CONTRACTING COMPANY, employer, and Ætna Life Insurance Company, insurance carrier, applts. (Supreme Court, Appellate Division, Third Department. November 12, 1919.) Award unanimously affirmed. Charles W. DE GROFF, respondent, v. THOMAS DRYSDALE, Inc., appellant. (Supreme Court, Appellate Division, Second Department. October 7, 1919.) Judgment and order unanimously affirmed, with costs. opinion. No with costs. Mills, Rich, and Jaycox, JJ., concur. Putnam, Katie DANGLER, respondent, v. Morris DANGLER, appellant. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Appeal dismissed, without costs. Luciano D'AΝΤΟΝΙΟ, Applt., v. N. Y. CONSOLIDATED R. R. CO., Respt. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Judgment affirmed, with costs. No opinion. Order filed. DELAWARE & HUDSON COMPANY, claimant, applt., v. STATE of New York, respt, (Claim No. 13969.) (Supreme Court, Appellate Division, Third Department. November 12, 1919.) Judgment affirmed, with costs. All concur, except Woodward, J., dissenting. DELAWARE & HUDSON COMPANY, claimant, applt., v. STATE of New York, respt. (Claim No. 13970.) (Supreme Court, Appellate Division, Third Department. November 12, Siegfried DEUTSCH, Respt., v. Frederick BANGERTER, Applt. (Supreme Court, Appellate Division, First Department. October 24, 1919.) Judgment affirmed, with costs. No opinion. Order filed. In the matter of the claim of Anthony DI FAZIO, for compensation under the Workmen's Compensation Law, claimant, respt., v. LACKAWANNA BRIDGE COMPANY, employer, respt., and Employers' Mutual Insurance Company, insurer, applt. State Industrial Commission, respt. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Award unanimously affirmed. Mary DILLON, Respt., v. CITY OF NEW YORK, Applt. (Supreme Court, Appellate Division, First Department. December 5, 1919.) Judgment affirmed, with costs. No opinion, Order filed. Clarence S. DINKENSPIEL, indiv., etc., Applt., v. Samuel ASKIN, indiv., etc., et al., No opinion. Order filed. Harlow S. DIXON and another, as Adm'rs, urt, Appellate etc., Applts., v. Eustace CONWAY, indy, and Isaac DENBOSKY, applt., v. Blanche DENBOSKY, respt. (Supreme Court, Appellate Division, First Department. 1919.) Appeal dismissed, without costs. No opinion. Order filed. Richard C. DE NORMANDIE, Respt., v. BAY VIEW HEIGHTS LAND CO., Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order aflirmed, with $10 costs and disbursements. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice. See, also, 107 Misc. Rep. 140, 177 Ν. Y. Supp. 158. as Ex'r, etc., et al., Defts., and Charles F. Williams, Respt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. D. L. & W., Inc., v. Benjamin ARONOWITZ. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Application granted. Order signed. Adolph DOCTOR v. James MURRAY et al. (Supreme Court, Appellate Division, First De William DENSDORF, appellant, v. NEW partment. October 17, 1919.) Motion to disYORK REAL ESTATE IMPROVEMENT miss appeal granted, with $10 costs. Order COMPANY, respondent. (Supreme Court, Ap- filed. pellate Division, Second Department. November 17, 1919. Appeal dismissed without costs. In the matter of the claim of Rose E. DESHON for compensation under the Workmen's Compensation Law, for the death of Irving DESHON; STATE INDUSTRIAL COMMISSION, respt., v. FEDERAL SUGAR REFINING COMPANY, employer, and Travelers' Insurance Company, insurance carrier, applts. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Award unanimously affirmed. Lawrence J. DOLAN, appellant, v. Adolph BARR and Max Barr, respondents. (Supreme Court, Appellate Division, Second Department. October 11, 1919.) Motion to dismiss appeal denied, on condition that appellant perfect the appeal, place the case on the November calendar, and be ready for argument when reached; otherwise, motion granted, with $10 costs. Lawrence J. DOLAN, appellant, v. Adolph BARR and another, respondents. (Supreme William T. DREW, respondent, v. William M. BARRETT, as President of the Adams Express Company, appellant. (Supreme Court, Appellate Division, Second Department. December 5, 1919.) Judgment and order of the City Court of Mt. Vernon reversed, and complaint unanimously dismissed, with costs. Under the terms of the contract evidenced by the bill of lading, defendant was not to be liable unless the injury or loss be caused by defendant or its servants; also the shipper agreed as a condition precedent to any recovery that "such loss or damage should be proved by the shipper to have been caused by the negligence of the carrier." In a live stock bill of lading, such clauses are valid. As negligence was not proven, plaintiff must fail in his action. Jenks, P. J., and Rich, Putnam, Blackmar, and Jaycox, JJ., concur. George W. DUELL, respt., v. DONNER STEEL COMPANY, applt. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Appeal dismissed, unless appellant shall file and serve printed briefs by September 29th. Benjamin L. DURYEA, Respt., v. Charles R. BERGMANN et al., impleaded, etc., Applts. (Supreme Court, Appellate Division, First Department. November 7, 1919. Judgment affirmed, with costs. No opinion. Order filed. Matter of Cornelius J. EARLEY, an attorney. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion denied. Settle order on notice. EAST LAKE LUMBER CO., Applt., v. Greenleaf S. VAN GORDER et al., respts. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Frederick R. EATON, Applt., v. W. & S. JOB CO., Inc., Respt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Judgment modified, by striking out the words "upon the merits," and judgment, as so modified, and the order appealed from, affirmed without costs. No opinion. Order filed. = EDDY VALVE CO., plff., v. VILLAGE OF BARKER, respt., and Walter A. Wood, applt. (Supreme Court, Appellate Division, Fourth Department. October 8, 1919.) Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Wm. J. EDELL, applt., v. Arthur F. GAILEY, respt. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Motion to dismiss appeal granted, with costs. In the matter of the claim of E. I. DU PONT DE NEMOURS POWDER COMPANY against the CITY OF NEW YORK, under section 42, chapter 724, of the Laws of 1905, as amended by section 9, chapter 314, of the Laws of 1906. Business Damage Commission No. 3. (Supreme Court, Appellate Division, Third Department. November 12, 1919.) Appeal dismissed. Wilhelmina EINBERGER v. DENWOOD REALTY CO., Inc. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Motion to dismiss appeal granted, with $10 costs. Order filed. Matter of J. Mortimer EISENBERG, an attorney. (Supreme Court, Appellate Division, First Department. October 24, 1919.) Proceeding dismissed. Settle order on notice. Maurice EISENBERG, Applt., v. Augustus B. WOLVIN, Respt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. EMPIRE LIGHTING FIXTURE CO., Inc., Applt., v. Samuel CUTLER et al., Respts. (Supreme Court, Appellate Division, First Department. November 14, 1919.) Órder modified. by imposing as a condition for the opening of the default the payment of $30, together with $10 costs of motion and the disbursements on |