Galanti v. Brady & Gioe, Inc., 211 App. Div. 858, 207 N. Y. S. 839; Rizzuto v. U. S. Shipping Board Emergency Fleet Corp., 213 App. Div. 326, 210 N. Y. S. 482. Settle order on notice.

LAZANSKY, P. J., and RICH, KAPPER, HAGARTY, and CARSWELL, JJ., concur.

1

C. William MONTGOMERY v. A. B. CAMERON PIANO COMPANY, Impleaded.

Supreme Court, Appellate Division, First Department. March 23, 1928. Application denied, with $10 costs. Order filed.

2

Charles C. MOORE, etc., and Others, Respondents, v. 415 CENTRAL PARK WEST CORPORATION, Defendant, Impleaded with Leslie R. Fort, as Trustee, etc., Appellant.

Supreme Court, Appellate Division, First Department. March 23, 1928. William Burr DeLacy, of New York City, for appellant. Ralph C. Taylor, of New York City, for respondents. Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

3

Helen MOORE, Appellant, v. INTERBOROUGH RAPID TRANSIT COMPANY, Respondent.

Supreme Court, Appellate Division, First Department. March 16, 1928. J. Walter Robertson, of New York City, for appellant. Paul A. McQuaid, of New York City, for respondent. Order affirmed, with costs and disbursements. No opinion. Order filed.

4

In the Matter of the Claim of John MORLEY, Respondent, v. JACOBSON & CO. and Another, Appellants; State Industrial Board, Respondent. Supreme Court, Appellate Division, Third Department. March 29, 1928. Award unanimously affirmed, with costs to the State Industrial Board.

5

Hilda MORRIS, an Infant, by Frances Morris, Her Guardian ad Litem, Respondent, v. A. H. HEWS & CO., Inc., Appellant. Supreme Court, Appellate Division, Second Department.

March

5, 1928. Judgment and order reversed upon the facts, and a new trial granted, costs to appellant to abide the event, unless, within 20 days from the entry of the order herein, respondent stipulate to re

(227 N.Y.S.)

duce the recovery of damages to the sum of $30,000, in which event the judgment, as so modified, and the order, are unanimously affirmed, without costs.

LAZANSKY, P. J., and RICH, HAGARTY, SEEGER, and CARSWELL, JJ., concur.

In the Matter of the Claim of Jessie MORRIS, Respondent, v. NORTON & GROSS and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. March 29, 1928. Award unanimously affirmed, with costs to the State Industrial Board.

2

Hugh MORRISON, an Infant over the Age of Fourteen Years, by His Guardian ad Litem, John Morrison, Jr., Respondent, v. BROWN & BAILEY CONDENSED MILK COMPANY, Appellant.

Supreme Court, Appellate Division, Fourth Department. March 14, 1928. Appeal dismissed, without costs, upon stipulation filed.

3

In the Matter of the Application for an Order of Certiorari of Francesco MORRONE and Others, Appellants, v. William E. WALSH and Others, Defendants, and William Newman and Another, Interveners Respondents.

Supreme Court, Appellate Division, First Department. March 2, 1928. G. B. Garfield, of New York City, for appellants. J. Kadel, of New York City, for respondents. Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

4

In the Matter of the Application for an Order of Certiorari of Francesco MORRONE and Others v. William E. WALSH and Others.

Supreme Court, Appellate Division, First Department. March 23, 1928. Motion denied, with $10 costs. Order filed.

5

Stanley MOSES, Respondent, v. GILLIES-CAMPBELL COMPANY, Appellant.

Supreme Court, Appellate Division, First Department. March 2, 1928. C. D. Pearson, of Brooklyn, for appellant. G. F. Hickey, of New York City, for respondent. Judgment and order affirmed, with costs. No opinion. Order filed.

In the Matter of the Claim of Ida MOSKOWITZ, Respondent, v. ALLIANCE ELECTRIC COMPANY, Inc., and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. March 29, 1928. Award unanimously affirmed, with costs to the State Industrial Board.

2

Albert L. MOULTON, Respondent, v. PENNSYLVANIA RAILROAD COMPANY, Appellant.

Supreme Court, Appellate Division, Fourth Department. March 14, 1928. Appeal dismissed, unless appellant shall be ready for argument at the opening of the May term.

3

Irene MOUN, Appellant, v. Michael MOUN, Respondent.

Supreme Court, Appellate Division, First Department. March 30, 1928. H. Rappaport, of New York City, for appellant. B. Burrows, of New York City, for respondent. Judgment affirmed. No opinion. Order filed.

DOWLING, P. J., and MCAVOY, J., dissent.

Rollin A. MUDGE, Respondent, v. Jerome MILLER, Appellant.

Supreme Court, Appellate Division, Fourth Department. March 28, 1928. Lewis, McKay, Bown & Johnson, of Rochester, for appellant. Herbert A. Heminway, of Corning, for respondent. Judgment and order affirmed, with costs. All concur.

5

Owen A. MULLEN and Another, Appellants, v. IROQUOIS TRANSIT CORPORATION, Respondent.

Supreme Court, Appellate Division, Third Department. March 29, 1928. Order unanimously affirmed, with $10 costs and dis

bursements.

6

John A. MULLIN, Appellant, v. WOODMERE-CEDARHURST CORPORATION, Respondent.

Supreme Court, Appellate Division, Second Department. March 30, 1928. Concededly, at the closing, defendant tendered a bargain and sale, and not a full covenant and warranty, deed. Judgment modified, by directing that, if plaintiff elect to comply with the terms of the contract as reformed, and as provided by the judgment herein,

(227 N.Y.S.)

the title be closed at a time to be fixed, within 30 days after the entry of the order herein, and that adjustments be made as of that date. As so modified, the judgment is unanimously affirmed, without costs. Settle order on notice.

In the Matter of the Claim of Therese MURPHY, Respondent, v. R. J. MORRISETTE and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. March 29, 1928. Award unanimously affirmed, with costs to the State Industrial Board.

2

In the Matter of the Claim of Thomas MURPHY, Respondent, v. MOTOR HAULAGE CO., Inc., and Another, Appellants; State Industrial Board, Respondent.

Supreme Court, Appellate Division, Third Department. March 29, 1928. Award unanimously affirmed, with costs to the State Industrial Board.

3

Joseph MURPHY, Appellant, v. STATE of New York, Respondent.

Supreme Court, Appellate Division, Fourth Department. March 28, 1928. Sebring & King, of Corning, for appellant. Albert Ottinger, Atty. Gen., for the State. Judgment affirmed, with costs. All concur.

Margaret MURTHA, Doing Business, etc., Plaintiff, v. Mabel H. DUELL and Another, Impleaded, etc., Appellants, and Morris M. Uris, Respondent.

Supreme Court, Appellate Division, First Department. February 24, 1928. J. E. Daniels, of New York City, for appellants. S. A. Langfur, of New York City, for respondent. Order modified, by reducing the amount thereof by the sum of $218.90, and, as so modified, affirmed, without costs, upon the ground that the evidence supporting the claim for extra work was stricken from the record. Findings inconsistent with this determination should be reversed. Settle order on notice.

5

Laura MUTI, as Administratrix, etc., of Bartolomeo Revera, Deceased, Respondent, v. Frank J. HOEY and Salvatore Sabbatino, Copartners, etc., Appellants.

Supreme Court, Appellate Division, Second Department. March 30, 1928. Pursuant to stipulation, the motion for leave to appeal to the Court of Appeals is withdrawn.

1

MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, v. S. & S. CORRUGATED PAPER MACHINERY CO., Inc., Appellant.

Supreme Court, Appellate Division, First Department. February 24. 1928. H. J. Leffert, of New York City, for appellant. M. W. Wynne, of New York City, for respondent. Order affirmed, with $10 costs and disbursements, with leave to the defendant to answer within 20 days from service of order, upon payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed.

2

MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. S. & S. CORRUGATED PAPER MACHINERY CO., Inc.

Supreme Court, Appellate Division, First Department. March 23, 1928. Motion denied, with $10 costs. Order filed.

3

Fred NANN, as President of Local Union No. 3 of the Amalgamated Food Workers, etc., Respondent, v. Lasar RAIMIST, as Treasurer of Local No. 500 of the Bakery and Confectionery Workers' International Union of America, etc., Appellant.

Supreme Court, Appellate Division, Second Department. March 8, 1928. Motion for stay of injunction pending appeal denied, with $10 costs.

4

NASSAU NATIONAL BANK OF BROOKLYN, Respondent, v. John A. PAUL and Edward Farrell, Appellants.

Supreme Court, Appellate Division, Second Department. February 15, 1928. Judgment modified, by deducting there from the sum of $500, extra allowance made by the trial court, and, as so modified, unanimously affirmed, without costs. We are of opinion that this was neither a difficult nor an extraordinary case, and the extra allowance should not have been made.

5

M. Prouse NEAL, as Administrator, etc., of Mary W. Gallagher, Deceased, Respondent, v. FIRST NATIONAL BANK OF OSWEGO, N. Y., Defendant, and Mary A. Clark, Appellant.

Supreme Court, Appellate Division, Fourth Department. March 21, 1928. John L. Mournighan, of Oswego, for appellant. Charles J. Yorkey, of Central Square, for respondent. Judgment affirmed with costs. All concur.