WILLSON & ADAMS CO. et al., Appellants, v. Patrick D. PEARCE, etc., et al., Respondents.

(Supreme Court, Appellate Division, Second Department. December 23, 1926.) Gleason, McLanahan, Merritt & Ingraham, of New York City, for appellants. Sydney A. Syme, of Mt. Vernon, for respondents. Appeal from order denying motion to amend and resettle decision and findings dismissed, without costs. We have reversed the judgment in this case and granted a new trial; therefore the question involved in this appeal is academic.

KELLY, P. J., and MANNING, KAPPER, and LAZANSKY, JJ., concur.

YOUNG, J., taking no part.

2

WILLSON & ADAMS CO. et al., Respondents, v. Patrick D. PEARCE, Individually, etc., and Others, Appellants.

(Supreme Court, Appellate Division, Second Department. December 23, 1926.) Sydney A. Syme, of Mt. Vernon, for appellants. Gleason, McLanahan, Merritt & Ingraham, of New York City, for respondents. Judgment reversed upon the law and the facts, and a new trial granted, costs to abide the event, upon the ground that the findings of fact are of such an inconsistent character that we are unable to uphold the judgment in the present state of the record, and we think that in the interests of justice there should be a new trial, at which it may be determined by the trial court whether or not the primary purpose of the defendants was unlawful, and with the object of injuring or destroying plaintiffs' business.

KELLY, P. J., and JAYCOX, MANNING, KAPPER, and LAZANSKY, JJ., concur.

3

Sylvester J. WILSON, Respondent, v. Thomas JEWELL, Appellant.

(Supreme Court, Appellate Division, Third Department. January 5, 1927.) Judgment and order unanimously affirmed, with costs.

4

Lettie H. WITHERSPOON, Appellant, v. Arthur J. EAMES, Respondent. (Supreme Court, Appellate Division, Third Department. December 30, 1926.) Order affirmed, with $10 costs and disbursements.

COCHRANE, P. J., and VAN KIRK, HINMAN, and McCANN, JJ., concur.

HENRY T. KELLOGG, J., not voting.

5

Harry WITTNER, Respondent, v. Barne SILVER, etc., Appellant.

(Supreme Court, Appellate Division, Second Department. January 4, 1927.) William Butler, of New York City, for appellant. Charles

(219 N.Y.S.)

Marks, of New York City, for respondent. Judgment unanimously affirmed, but without costs, as respondent did not appear or submit brief at time of argument. Brief was submitted December 28, 1926.

Esther WITTNER, Respondent, v. Barne SILVER, etc., Appellant.

(Supreme Court, Appellate Division, Second Department. January 4, 1927.) William Butler, of New York City, for appellant. Charles Marks, of New York City, for respondent. Judgment unanimously affirmed, but without costs, as respondent did not appear or submit brief. at time of argument. Brief was submitted December 28, 1926.

2

Ray S. WIXON, Respondent, v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Appellant.

(Supreme Court, Appellate Division, Second Department. December 17, 1926.) Motion for stay denied.

3

Ray S. WIXON, Respondent, v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Appellant.

(Supreme Court, Appellate Division, Second Department. December 17, 1926.) Order denying defendant's motion for physical examination of plaintiff affirmed on argument, with $10 costs and disbursements.

4

Estelle WOHLGEMUTH v. John FLAHERTY and Others.

(Supreme Court, Appellate Division, First Department. February 11, 1927). Motion granted. Order filed.

5

Estelle WOHLGEMUTH, Appellant, v. John FLAHERTY and Others, Respondents.

(Supreme Court, Appellate Division, First Department. February 11, 1927.) Jacob F. Raskin, of New York City, for appellant. W. A. R. Keyes, of New York City, for respondents. Order reversed, with $10 costs and disbursements, and motion granted. No opinion. Order filed.

6

Ruben WOLF, Appellant, v. SILVER, Inc., Respondent.

(Supreme Court, Appellate Division, Second Department. January 7, 1927.) Motion to dismiss appeal granted for failure to show merit, in accordance with rule 12 of the Rules of the Appellate Division, Second Department.

7

Marjorie Dee WOODARD, Appellant, v. Charles P. MADSEN, Respondent. (Supreme Court, Appellate Division, First Department. December 24, 1926.) I. Isaacs, of New York City, for appellant. C. J. Holland,

of New York City, for respondent. Determination affirmed, with costs. No opinion. Order filed. See, also, 127 Misc. Rep. 19, 215 N. Y. S. 279.

Charles H. P. YALLALEE, Respondent, v. STONY POINT REALTY CORPORATION, Stony Point Operating Company, Inc., and Paul Goldthorpe (Impleaded with others), Appellants.

(Supreme Court, Appellate Division, Second Department. January 4, 1927.) Weill, Wolff & Satterlee, of New York City, for appellants. Parsons, Closson & McIlvaine, of New York City, for respondent. Order directing plaintiff to serve an amended complaint, in which he shall separately state and number the causes of action arising out of the contracts referred to in the sixth paragraph of his complaint, and denying defendants' motion in all other respects, affirmed, with $10 costs and disbursements to respondent. No opinion.

KELLY, P. J., and MANNING, YOUNG, KAPPER, and LAZANSKY, JJ., concur.

2

Jacob YORMARK and Jennie Salzberg, Respondents, v. Fannie WALDMAN et al., Defendants, and Louis Weinberg and Joseph Loeb, Appellants.

(Supreme Court, Appellate Division, Second Department. December 17, 1926.) Israel A. Needleman, of New York City, for appellants. Meyer C. Loskowitz, of Brooklyn, for respondents. Order striking out amended answer and awarding judgment to plaintiffs on the pleadings. affirmed, with $10 costs and disbursements. No opinion.

KELLY, P. J., and MANNING, YOUNG, KAPPER, and LAZANSKY, JJ., concur. See, also, 217 N. Y. S. 501.

3

YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF THE CITY OF NEW YORK v. CITY OF NEW YORK.

(Supreme Court, Appellate Division, First Department. January 10, 1927.) Preference granted for the 1st day of February, 1927.

4

Felix YOUSSOUPOFF v. Joseph E. WIDENER.

(Supreme Court, Appellate Division, First Department. February 11, 1927.) Motion denied, with $10 costs. Order filed.

5

Felix YOUSSOUPOFF, Appellant, v. Joseph E. WIDENER, Respondent. (Supreme Court, Appellate Division, First Department. January 28, 1927.) C. J. Shearn, of New York City, for appellant. N. L. Miller, of New York City, for respondent. Judgment (126 Misc. Rep. 491, 215 N. Y. S. 24) affirmed, with costs. No opinion. Order filed.

(219 N.Y.S.)

Grace C. ZIMMER, Respondent, v. John ZIMMER, Appellant.

(Supreme Court, Appellate Division, Second Department. December 23, 1926.) Ruttenberg & Ruttenberg, of New York City, for appellant. John M. Wilson, of Brooklyn, for respondent. Judgment unanimously affirmed, with costs. No opinion.

2

Grace C. ZIMMER, Respondent, v. John ZIMMER, Appellant.

(Supreme Court, Appellate Division, Second Department. January 21, 1927.) Ruttenberg & Ruttenberg, of New York City, for appellant. John M. Wilson, of Brooklyn, for respondent. Motion for reargument denied. Motion for leave to appeal to the Court of Appeals denied.

3

Keve ZIMMERMAN, Respondent, v. William REICH and Another, Appellants, Impleaded with Others.

(Supreme Court, Appellate Division, Third Department. January 14, 1927.) Judgment unanimously affirmed, with costs.

4

In the Matter of the Claim of Fannie ZIMMERMAN, Respondent, v. WILLIAM GOLDENBLUM CO., Inc., and Another, Appellants. State Industrial Board, Respondent.

(Supreme Court, Appellate Division, Third Department. December 30, 1926.) Award affirmed, with costs to the State Industrial Board. COCHRANE, P. J., and VAN KIRK, HINMAN, and McCANN, JJ., concur.

HENRY T. KELLOGG, J., not voting.

5

Vincent J. ZITO, Appellant, v. William F. SCHWALB and George C. Schwalb, Respondents.

(Supreme Court, Appellate Division, Second Department. January 21, 1927.) Nathan B. Finkelstein, of New York City, for appellant. Brennan, Flamman & Simpson, of New York City, for respondents. Order setting aside verdict and granting a new trial unanimously affirmed, with costs. No opinion.

END OF CASES IN VOL. 219