First Department. April 20, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed. Frederick N. LEWIS, respondent, v. NEW YORK MUNICIPAL RAILWAY CORPORATION, defendant; The Connors Bros. Co., Inc., and another, appellants. (Supreme Court, Appellate Division, Second Department. March 30, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Stapleton, Mills, Rich, and Blackmar, JJ., concur. Herman LIPPE, Respt., v. Rachel LIPPE, Applt. (Supreme Court, Appellate Division, First Department. March 30, 1917.) Order affirmed. No opinion. Order filed. Matter of Emanuel J. LIVINGSTON. (Supreme Court, Appellate Division, First Department. April 5, 1917.) Referred to Hon. H. A. Gildersleeve, official referee. Settle order on notice. LOTBINIERE LUMBER CO., respt., V. UNITED PAPERBOARD CO., applt. (Supreme Court, Appellate Division, Third Department. May 2, 1917.) Order unanimously affirmed, with $10 costs and disbursements. Bertha L. LYKE, respt., v. Lucinda HEAD et al., applts. (Supreme Court, Appellate Division, Fourth Department. March 28, 1917.) Motion to dismiss appeal granted, unless appellants shall file and serve printed papers within 20 days. Daniel W. LYNCH et al., respts., v. ORIENT INSURANCE CO., applt. (Supreme Court, Appellate Division, Fourth Department. March 21, 1917.) Motion to dismiss appeal granted, unless appellant is ready for argument on March 26th. John J. MCAULIFF v. UNITED FRUIT CO. (Supreme Court, Appellate Division, First Department. April 13, 1917.) SAME v. Bradley W. PALMER. Applications granted. Orders signed. Ida McCALE and one, as execx., etc., applts., v. NEW YORK STATE RAILWAYS, respt. (Supreme Court, Appellate Division, Fourth Department. April 4, 1917.) Judgment affirmed with costs. All concur, except Kruse, P. J., who dissents upon the ground that the evidence tends to show that the deceased was aware of the approach of the street car, but had reasonable grounds to believe that it would stop or slacken its speed so that he could cross the tracks in safety, and after he had started to cross and it was apparent that he intended to cross and when the street car was within 100 feet of the crossing, the speed of the car was suddenly accelerated, resulting in the collision. William F. McCULLOUGH, an infant, by Matter of Thos. A. McLOUGHLIN. (Supreme who vote for reversal. Alle- LUCCI, respondent (two cases). Lucy MADDEN, an infant, by John Madden, Kate MADDEN, Applt., V. Anna E. In the Matter of James F. MAHAN. (Su- David L. MAITLAND, applt., v. CITY OF William A. MALLETT, Applt., v. William A. Matter of MANHATTAN RY. CO., Applt., 27, 1917.) Judgment affirmed, with costs. No opinion. Order filed. William MANKES, respt., v. Louis FISHMAN, applt. (Supreme Court, Appellate Division, Third Department. May 2, 1917.) Judgment and order reversed, on the ground that the verdict is excessive, and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the recovery to $75, in which case the judgment is so modified, and, as modified, judgment and order unanimously affirmed, with costs. All concur. Cochrane, J., not sitting. Horace T. MANN, plff., v. DELAWARE, L. & W. R. R. CO., applt., Harry M. Stacey, respt. (Supreme Court, Appellate Division, Fourth Department. March 28, 1917.) Order (163 N. Y. Supp. 1050) affirmed. All concur. The MANNING COMPANY, respondent, v. Susan BILYOU, appellant. (Supreme Court, Appellate Division, Second Department. April 13, 1917.) Judgment of the County Court of Orange county, affirming a judgment in the Justice's Court in favor of plaintiff, affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Mills, Rich, and Putnam, JJ., concur. Joseph MARINE and Anna Rosenbloom, respts., v. Leah SHAPIRO et al., applts. (Supreme Court, Appellate Division, Fourth Department. March 7, 1917.) Motion granted, and appeal dismissed, with costs. Pasquale MARINO, respt., v. Nicola GALLO, applt. (Supreme Court, Appellate Division, Third Department. May 2, 1917.) Judgment and order unanimously affirmed, with costs. William M. MARTIN v. BECK SHOE CO. (two cases). (Supreme Court, Appellate Division, First Department. May 11, 1917.), Motions granted, with $10 costs. Orders filed. Elizabeth MARTIN, as administratrix, etc., respondent, v. Samuel A. HERZOG, appellant, and another, defendant. (Supreme Court, Appellate Division, Second Department. March 23, 1917.) Motion denied, with $10 costs. Anna B. MASCHMEYER, appellant, v. Horace DUVAL and others, respondents. (Supreme Court, Appellate Division, Second Department. March 30, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Stapleton, Mills, Rich, and Blackmar, JJ., concur. Benjamin C. MATHES, respt., v. Edmund B. BAUMER, applt. (Supreme Court, Appellate Division, Fourth Department. March 28, 1917.) Judgment affirmed, with costs. All concur. Alexander MIKELIONIS, etc., appellant, v. The LEHIGH & WILKESBARRE COAL COMPANY, respondent. (Supreme Court, Appellate Division, Second Department. April 13, 1917.) Judgment unanimously affirmed, with costs. No opinion. Walter B. MILKMAN, etc., respondent, v. Jose CASESA, and another, appellants. (Supreme Court, Appellate Division, Second Department. April 13, 1917.) Motion granted, upon condition that appellants give a good and sufficient bond, to be approved by a justice of this court, against any waste of the property, and to pay for the use and occupation of it at the rate of $35 per month, and also to pay the costs of the appeal. Settle order before Mr. Justice Mills. Charles O. MILLER, respt., v. Lewis J. ROSENBLOOM, applt. (Supreme Court, Appellate Division, Fourth Department. March 21, 1917.) Order affirmed, with $10 costs and disbursements. All concur. Anthony MOTT v. Thos. W. MARTIN. (Supreme Court, Appellate Division, First Department. May 4, 1917.) Motion granted, with $10 costs. Order filed. Joseph S. MULRONEY v. METAL SHELHarry MILLS, respt., v. Herbert KELDER-TER CO. (Supreme Court, Appellate Division, HOUSE, applt. (Supreme Court, Appellate Di- First Department. March 30, 1917.) Motion vision, Fourth Department. March 7, 1917.) denied, with $10 costs. Order filed. Motion to dismiss appeal granted, unless appellant file and serve printed papers and briefs by March 16th. Joseph S. MULRONEY, Respt., v. METAL SHELTER CO., Inc., Applt. (Supreme Court, Appellate Division, First Department. March 30, 1917.) Order affirmed, with $10 costs and disbursements, on the ground that the inspection is not called for by any issue raised by the pleadings. Order filed. (97 Misc. Rep. 121, 160 N. Y. Supp. 1072), preme Court, Appellate Division, First Departunanimously affirmed, with costs, on the opinion of Rudd, J., at Trial Term. Frank J. NELSON, respt., v. Henry F. GRANGER, applt. (Supreme Court, Appellate Division, Fourth Department. March 28, 1917.) Appeal dismissed, unless appellant shall file and serve printed papers by April 5th. Y. Joseph NEUSTADT, respondent, JAMAICA ESTATES et al., appellants. (Supreme Court, Appellate Division, Second Department. April 13, 1917.) Motion denied, without costs. ment. April 20, 1917.) Determination armed, with costs. No opinion. Order filed. Lena R. OSTERHOUDT, applt., v. MOERLBACH BREWING CO., respt. (Supreme Court, Appellate Division, Fourth Department. March 28, 1917.) Judgment of County Court reversed, with costs, and judgment of Municipal Court affirmed, with costs. Held, that the re jection of the evidence upon which the reversal was predicated was not prejudicial in view of the other undisputed testimony. All concur, The OTTO GERDAU CO., Applt., v. John F. HERBERT, Respt. (Supreme Court, ApNEW ROCHELLE COAL & LUMBER pellate Division, First Department. March 30, COMPANY, respondent, v. STUART REAL- 1917.) Order reversed, with $10 costs and disTY COMPANY, appellant. (Supreme Court, bursements, and motion denied, with $10 costs. Appellate Division, Second Department. March No opinion. Order filed. 23, 1917.) Motions denied, without costs. NEW YORK, W. & B. RY. CO., Applt., v. CITY OF NEW YORK, Respt. (Supreme Court, Appellate Division, First Department. April 20, 1917.) Judgment affirmed, with costs. No opinion. Order filed. Thomas E. NOLAN, Respt., v. Peter J. MAL LEY, Applt. (Supreme Court, Appellate Division, First Department. May 4, 1917.) Judgment and order reversed, and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $10,000, in which event, judgment, as so modified, and order affirmed, without costs. No opinion. Settle order on notice. Shearn, J., dissenting, and voting for reversal and new trial. Josephine F. OAKLEY, Respt., v. Harriet F. BEERS, as admx., Applt. (Supreme Court, Appellate Division, First Department. March 30, 1917.) Judgment affirmed, with costs. No opinion. Order filed. Scott, J., dissenting. SOLOMON OKUN, Respt., v. The DUVAL COMPANY, Applt. (Supreme Court, Appellate Division, First Department. May 4, 1917.) Judgment and order reversed, new trial ordered, and costs to appellant to abide event on the ground that the verdict is against the weight of evidence. Order filed. OTTO GERDAU CO. v. John F. HER- Rufus M. OVERLANDER, Applt., v. HOLBROOK, CABOT & ROLLINS CORP., Respt. (Supreme Court, Appellate Division, First Department. April 5, 1917.) Judgment affirmed, with costs. No opinion. Order filed. OWENS, for compensation, v. NEW YORK In the matter of the claim of Mary I. MILLS CORPORATION and American Mutual Compensation Insurance Company, applts. (Supreme Court, Appellate Division, Third Department. May 2, 1917.) Award unanimously affirmed. Mary T. PALMA, Applt., v. TOWN OF NORTH HEMPSTEAD, Respt. Walter W. HOFFMAN v. SAME. (Supreme Court, Appellate Division, First Department. April 5, 1917.) Judgments and orders affirmed, with costs. No opinion. Order filed. Rose M. PALMER and Lillian Palmer, appellants, v. ROTARY REALTY COMPANY and others, respondents. (Supreme Court, Appellate Division, Second Department. April 27, 1917.) This demurrer to the amended complaint was well taken. An alleged promise to hold land and then to reconvey on request, resting wholly in parol, is within the statute of frauds. ORANGE COUNTY, respondent, v. STORM KING STONE COMPANY and Philip A. Mosman, as trustee, appellants. (Supreme Court, Real Property Law (Consol. Laws, c. Appellate Division, Second Department. March 50) 8 242; 20 Cyc. 233 (e). Even if in writ30, 1917.) Order affirmed, with $10 costs and ing, such a promise to reconvey would not be disbursements. No opinion. Jenks, P. J., and specifically enforced for the reason that it was Thomas, Stapleton, Rich, and Blackmar, JJ., agreed to take back the property. unilateral, as plaintiffs do not show that they Levin v. Dietz, 194 N. Y. 376, 87 N. E. 454, 20 L. R. A. (N. S.) 251; Riker v. Comfort, 140 App. Div. 117, 124 N. Y. Supp. 1106. These appellants cannot avail themselves of the alleged concur. Dorman L. ORMSBY, Respt., v. HILLTOP AUTOMOBILE STATION, Inc., Applt. (Su |