1919.) Order modified, by providing that the original order, dated June 2, 1919, be modified, by striking therefrom the words "converted to the defendant's own use, and parts of it sold and disposed of, what proceeds were derived from the said sale, and to whom it was sold," and, as so modified, affirmed, without costs. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice.

Henry TRAURIG, Respt., v. CARAVEL CO., Inc., Applt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on the authority of Konheim v. Harris, 148 App. Div. 238, 240, 132 N. Y. Supp. 1028. Order filed.

Ernest TRIBELHORN, Respt., v. J. K. ESTATE REALTY CORP'N, Applt. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Matter of Granville H. TRIPLETT, an attorney. (Supreme Court, Appellate Division, First Department. October 31, 1919.) The respondent having resigned in writing as a member of the bar of the state of New York, and consented that an order be entered thereon to that effect, and such order having this day been entered, no further proceedings are necessary herein, and they are discontinued.

Rosalie TUTONE, respondent, v. NEW YORK CONSOLIDATED RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. November 21, 1919.) Order (107 Misc. Rep. 571, 177 N. Y. Supp. 818) of the County Court of Kings County reversed, with $10 costs and disbursements, and motion to vacate the order denied. The

order of June 5, 1919, for examination of the plaintiff, is modfied, so as to provide that the report of the doctor be given to the attorney for defendant, and a copy thereof be given to the attorney for plaintiff. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur.

In the Matter of the Application of Charles A. TYRRELL, for Letters of Administration, etc., of Emma M. Tyrrell (so called), Deceased. (Supreme Court, Appellate Division, First DeNovember 28, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed.

James H. VAN BRAMER, appellant, v. FIRST NATIONAL BANK OF PEARL RIVER and William A. Serven, respondents, and Robert R. Felter et al., defendants. (Supreme Court, Appellate Division, Second Department. November 14, 1919.) The line of authorities (Town of Hancock v. First National Bank, 93 N. Y. 83; Matter of Bryan, 3 Abb. N. C. 289; Matter of Anthony & Co., 42 App. Div. 66, 58 N. Y. Supp. 907; Matter of White, 44 App. Div. 119, 60 N. Y. Supp. 702; Long Island Bottlers v. Bottling Brewers, 65 App. Div. 459, 72 N. Y. Supp. 976; Akhurst v. National Starch Co., 64 Misc. Rep. 445, 119 N. Y. Supp. 561; American Woolen Co. v. Altkrug, 139 App. Div. 671, 124 N. Y. Supp. 203, and Knowlton v. Bannigan, 11 Abb. N. C. 419), to the effect that the examination of a third party before trial is permissible only for the purpose of perpetuating the testimony to be used on the trial, and that therefore such an order cannot be sustained without allegations that the witness is about to depart from the state, or is sick, or there is some other reason why his testimony cannot be secured at the trial, has been departed from only in cases where the defendant had secured an order compelling plaintiff to furnish a bill of particulars or to make his complaint more definite and certain, which order could not be complied with unless plaintiff obtained the information by the examination of a third party (Chittenden v. San Domingo Improvement Co., 132 App. Div. 169, 116 N. Y. Supp. 829; Hill v. Bloomingdale, 136 App. Div. 651, 121 N. Y. Supp. 370; People v. Armour, 18 App. Div. 584, 46 N. Y. Supp. 317). We think the exception to the general rule should not be extended, and therefore affirm the order, with $10 costs and disbursements. Jenks, P. J., and Mills, Putnam, Blackmar, and Kelly, JJ., concur.

VANDERVEER CROSSINGS, Inc., respondent, v. Louis HOCHSTEIN, appellant; Abraham H. Feldman, defendant. (Supreme Court, Appellate Division, Second Department. October 31, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ.,

concur.

In the matter of the claim of William H. VAN PATTEN, for compensation under the Workmen's Compensation Law, respt., v. ROCHESTER, SYRACUSE & EASTERN RAILROAD COMPANY, applt. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Award unanimously affirmed.

Stanzy VEELDORANO v. UNION RAIL WAY CO. OF NEW YORK CITY. (Supreme Court, Appellate Division, First Department.

In the matter of the claim of Cornelius
VINE, for compensation under the Workmen's
Compensation Law, respt., v. WEST END
PRESBYTERIAN CHURCH, his employer,
and General Accident, Fire & Life Assurance
Corporation, Ltd., insurance carrier, applt.
(Supreme Court, Appellate Division, Third De-
partment. November 12, 1919.) Award re-
versed, and claim dismissed, on the authority
of Matter of Doey v. Howland Co., 224 N. Y.
30, 120 N. E. 53, and Hassen v. Elm Coal Co.,
184 App. Div. 715, 172 N. Y. Supp. 430. All

concur.

George VOLZ, appellant, v. MANHATTAN
BEACH HOTEL & LAND COMPANY (Lim-
ited), respondent. (Supreme Court, Appellate
Division, Second Department. November 17,
1919.) Appeal dismissed, without costs.

Jennie P. WAGNER, respt., v. Matilda A.
MITTENDORF, applt. (Supreme Court. Ap-
pellate Division, First Department. Novem-
ber 7, 1919.) Judgment and order affirmed,
with costs. No opinion. Order filed.

Parker WAGNER, an infant, etc., Respt., v.
Matilda A. MITTENDORF, Applt. (Supreme
Court, Appellate Division, First Department.
November 7, 1919.) Judgment and order af-
firmed, with costs. No opinion. Order filed.

Gertrude E. WALSH v. Theodore TIEDE-
MANN. (Supreme Court, Appellate Division,
First Department. October 17, 1919.) Mo-
tion denied, with $10 costs. Order filed.

WARNER MANUFACTURING CO. v. Jo-
seph S. JACOBS. (Supreme Court, Appellate
Division, First Department. October 17, 1919.)
Application denied, with $10 costs. Order
signed.

George WASNER, appellant, v. Richard
MALONEY, respondent. (Supreme Court, Ap-
pellate Division, Second Department. October
3, 1919.) Judgment reversed, with costs, and
case remanded to the Trial Term for decision,
with findings of fact and conclusions of law as
required by section 1022 of the Code of Civil
Procedure, upon the ground that the action was
tried upon the merits, and there should have
been a decision with findings of fact and con-
clusions of law made by the trial justice, as re-
quired by section 1022 of the Code, and that the
memorandum filed by said court did not au-
thorize the entry of any judgment whatever.

cox, JJ., concur.

Calvin W. WEDDLE and Lemelly F. Bowne,
respondents, v. Stanley GRZECZEZAK, ap-
pellant. Appeal No. 1. (Supreme Court, Ap-
pellate Division, Second Department. Novem-
ber 21, 1919.) Order of the County Court of
Nassau County unanimously affirmed with
costs. No opinion. See, also, 189 App. Div.
493, 178 N. Y. Supp. 563.