Order affirmed, with ion. Application denied, with $10 costs. Order Order filed. signed. See, also, 128 Ñ. Y. Supp. 678. spondent. No opinion. In re HALSEY. (Supreme Court, Appellate Division, Second Department. April 28, 1911.) In the matter of the application of Hamilton R. Halsey for payment of award made in proceedings for acquiring title to premises on Main street, etc., Elmhurst, Queens borough, for a school site. No opinion. William Murray, Esq., appointed guardian ad litem. See, also, 128 N. Y. Supp. 1126. HAMANN Appellant, v. BOYCE, Respondent, et al. (Supreme Court, Appellate Division, Second Department. April 28, 1911.) Action by Charles Hamann against Joseph A. Boyce, impleaded with others. No opinion. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, for error, on page 34 of the minutes, in the admission of evidence alleged to have been given on the former trial, without proof of the same. HAMILTON, Respondent, v. STATEN ISLAND RAPID TRANSIT RY. CO., Appellant. (Supreme Court, Appellate Division, Second Department. May 19, 1911.) Action by Joseph Hamilton, an infant, by Julia I. Hamilton, his guardian ad litem, against the Staten Island Rapid Transit Railway Company. No opinion. Judgment and order unanimously affirmed, with costs. HAMMOND, Respondent, v. JONES et al., Appellants. (Supreme Court, Appellate Division, Third Department. May 3, 1911.) Action by J. Harris Hammond, as treasurer, etc., against J. H. Jones and others. No opinion. Interlocutory judgment affirmed, with costs, with usual leave to defendant to withdraw demurrer and answer, upon payment of costs of demurrer and of this appeal. In re HARDENBROOK. (Supreme Court, Appellate Division, First Department. May 5, 1911.) In the matter of Frank M. Hardenbrook, an attorney. No opinion. Application denied. Settle order on notice. See, also, 135 App. Div. 634, 121 N. Y. Supp. 250. HARDY, Appellant, v. TOWN OF PARIS, Respondent. (Supreme Court, Appellate Division, Fourth Department. May 24, 1911.) Action by Sarah Hardy against the Town of Paris. No opinion. Judgment affirmed, with costs. HARLEM SAVINGS BANK, Respondent, v. HEYLMAN et al., Appellants. (Supreme Court, Appellate Division, First Department. May 12, 1911.) Action by the Harlem Savings Bank against Henry B. Heylman, individually, etc., and others. R. Krause, for appellants. C. S. Fettretch, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 127 N. Y. Supp. 1123. HART v. CITY THEATERS CO. (Supreme Court, Appellate Division, First Department. April 28, 1911.) Action by Edward Hart HAWLEY, Respondent, v. BORST. Are lant. (Supreme Court, Appellate Divisi Fourth Department. May 10, 1911.) Action Gilbert H. Hawley against Charles A. Bo No opinion. Judgment and order affirmed, with costs. HEARST, Respondent. v. RIDDER, AFA lant. HEARST v. NEW YORKER STAATS ZEITUNG. (Supreme Court. Appellate Divi tions by William R. Hearst against Hern sion, First Department. April 28, 1911) As Ridder and against the New Yorker Staats Z tung. J. E. Donnelly, for appellants. C. J. Shearn, for respondent. No opinion. Jaiz with costs, with leave to defendant to anal ments (129 N. Y. Supp. 1089, 1098) affirund answer, on payment of costs in this court and in the court below. Orders filed. HEATH, Appellant, v. NEW YORK SAFETY RESERVE FUND, Respondent. (Suprem Court, Appellate Division, Fourth Departme May 3, 1911.) Action by Addie E. Heat against the New York Safety Reserve For! No opinion. Judgment (69 Misc. Rep. 452, 1. N. Y. Supp. 852) affirmed, with costs. HEFFERN, Appellant. V. EXCELSIOR BRICK CO. OF HAVERSTRAW et al. R spondents. (Supreme Court, Appellate Divsion, Second Department. June 9. 1911.) Ation by Edward Heffern, as administrator, etc. against the Excelsior Brick Company of Haverstraw and another. No opinion. Motions de nied, without costs. HEISER, Appellant, V. CINCINNATI ABATTOIR CO., Respondent. (Supreme Cour Appellate Division, First Department. May 21 1911.) Action by Rudolph Heiser against the Cincinnati Abattoir Company. H. G. K. Heat for appellant. E. C. Sherwood, for respondent No opinion. Judgment affirmed, with costs, ca the authority of Heiser v. Cincinnati Abattoir Co., 141 App. Div. 400, 126 N. Y. Supp. 33. Order filed." HELLIS, Respondent, v. WESTERN LIFE INDEMNITY CO., Appellant. (Supreme Corr Appellate Division, Fourth Department. May 24, 1911.) Action by Clara M. Hellis again the Western Life Indemnity Company. PER CURIAM. Judgment affirmed, with ess SPRING and KRUSE, JJ., dissent. HENDERSON, Appellant, v. GUARANTI TRUST CO. OF NEW YORK, Respondent, et al. (Supreme Court, Appellate Division, S ond Department. June 9, 1911.) Actice b Lillie T. Henderson against the Guaranty Tra Company of New York and others. PER CURIAM. So much of the order pealed from as denies plaintiff's motion to str out as irrelevant and redundant the words en posing the first paragraph of the second defes and the first paragraph of the third defens realleges paragraphs numbered 2, 3, 6, 7, 8, 9, and 10 of the first defense in the answer"-is reversed, with $10 costs and disbursements, and plaintiff's motion is to that extent granted, without costs. HEWITT MOTOR CO., Respondent, V. MORTON, Appellant. (Supreme Court, Appellate Division, First Department. April 28, 1911.) Action by the Hewitt Motor Company against Baxter Morton. R. A. Irving, for appellant. W. Hay, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. HENRY WELBROOK CO., Respondent, v. DI SIMONE et al., Appellants. (Supreme Court, Appellate Division, First Department. April 28, 1911.) Action by the Henry Welbrook Company against Michael Di Simone and others. S. Wechsler, for appellants. J. F. Forrester, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Orly and as executrix. No opinion. Judgment der filed. HICKS, Respondent, v. HICKS, Appellant. (Supreme Court, Appellate Division, Fourth Department. May 24, 1911.) Action by John L. Hicks against Angeline E. Hicks, individualmodified, by reducing the amount of the recovery as of the date of February 13, 1911, to the sum of $2.423.51, and, as so modified, affirmed, without costs of this appeal to either party. In re HENSHAW'S ESTATE. (Supreme Company. No opinion. Motion denied, with $10 costs. Order filed. CO. (Supreme Court. Appellate Division, First HERBERT v. CITY OF NEW YORK. (Su-win Hilborn against the Pennsylvania Cement Department. May 12, 1911.) Action by Edpreme Court, Appellate Division, First Department. May 12, 1911.) Action by Olive Herbert against the City of New York. No opinion. Motion granted. Question to be certified on settlement of order. Settle order on notice. See, also, 128 N. Y. Supp. 1127. HERKERT, Respondent, v. YAWMAN & ERBE MFG. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. May 3, 1911.) Action by Rose Herkert, as administratrix, etc., against the Yawman & Erbe Manufacturing Company. PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the defendant was not shown guilty of actionable negligence, and that plaintiff's intestate was guilty of contributory negligence as matter of law. SPRING and KRUSE, JJ., dissent. In re HEROLD. (Supreme Court, Appellate Division, First Department. June 2, 1911.) In the matter of Hieronimus A. Herold, an attorney. No opinion. Proceedings dismissed. Settle order on notice. HERRON et al., Respondents, v. SCOFIELD CO. et al, Appellants. (Supreme Court, Appellate Division, Fourth Department. June 2. 1911.) Action by Patrick M. Herron and others against the Scofield Company and others. No opinion. Order affirmed, with $10 costs and disbursements. HERSHENOV, Respondent, V. RUBLIN, Appellant. (Supreme Court, Appellate Division, Second Department. May 26, 1911.) Action by Boris Hershenov against Louis Rublin. PER CURIAM. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, unless within 10 days from the filing of the decision herein plaintiff stipulate to reduce the recovery to $20.86, with interest from June 1, 1910, in which event the judgment as so modified, is affirmed, without costs. CEMENT CO., Respondent. (Supreme Court, HILBORN, Appellant, v. PENNSYLVANIA Appellate Division, First Department. June 2, 1911.) Action by Edwin Hilborn against the Pennsylvania Cement Company. E. N. Dollin, for appellant. L. L. Kellogg, for respondent. No opinion. Order affirmed, without costs. Order filed. See, also, supra; 129 N. Y. Supp. 957. HIXSON, Respondent, v. FLOWER CITY BREWING CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. May 31, 1911.) Action by George F. Hixson, as trustee, etc., against the Flower City Brewing Company. No opinion. Order affirmed, with $10 costs and disbursements. HOFFMAN, Appellant, v. BONERT, ReSecond Department. June 9, 1911.) Action by spondent. (Supreme Court, Appellate Division, Matilda Hoffman against Lucile C. Bonert. PER CURIAM. Order modified, by imposing as terms the payment by defendant to plaintiff of the costs and disbursements of the action to the date of the entry of the order, and, as so modified, affirmed, with $10 costs and disbursements of the appeal to plaintiff. ID TRANSIT RY. CO., Respondent. (Supreme HOFFMAN, Appellant. v. SYRACUSE RAPCourt, Appellate Division, Fourth Department. May 24, 1911.) Action by Adon J. Hoffman against the Syracuse Rapid Transit Railway Company. PER CURIAM. Judgment of County Court reversed, and judgment of Municipal Court affirmed, with costs in this court and County Court to plaintiff. MCLENNAN, P. J., and ROBSON, J., dis sent. HOGAN, Respondent, v. O'BRIAN, Appellant. (Supreme Court, Appellate Division, Fourth Department. May 17, 1911.) Action | Fourth Department. May 24, 1911.) Action by by Minnie Hogan against Daniel O'Brian, as Charles F. Howell against Walter B. Johnson. administrator, etc. No opinion. Judgment and No opinion. Judgment affirmed, with costs. order affirmed, with costs. HOWENSTEIN, Respondent, v. BRAUN HOLMES, Appellant, V. BROOKLYN LING et al., Appellants. (Supreme Court, A HEIGHTS R. CO., Respondent. (Supreme pellate Division, First Department. June 2 Court, Appellate Division, Second Department. 1911.) Action by Elmer E. Howenstein against June 9, 1911.) Action by Margaret F. Holmes George Braunling and others. J. W. Hutchinagainst the Brooklyn Heights Railroad Com- son, for appellants. H. M. Hitchings, for repany. spondent. No opinion. Order affirmed. with $10 costs and disbursements. Order filed. PER CURIAM. Judgment affirmed, with HOOKS, Respondent, v. CITY OF UTICA, Appellant. (Supreme Court, Appellate Division, Fourth Department. May 3, 1911.) Action by Thomas J. Hooks against the City of Utica. PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the evidence does not establish that plaintiff's fall occurred because of any defect in, or defective condition of, defendant's sidewalk, and that the verdict is excessive, in that plaintiff's disturbed mental condition was not shown by sufficient and competent evidence to be the result of his injury. HOPLER, Respondent, v. CLARK, Appellant. (Supreme Court. Appellate Division, Third Department. May 16, 1911.) Action by Morgan W. Hopler against Masey J. Clark. HOYT, Respondent, v. O. M. EDWARDS CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. May 24, 1911.) Action by Harry Hoyt against the O. M. Edwards Company. No opinion. Order affirmed with costs. HUBERT, Respondent, v. UNITED TRACTION CO., Appellant. (Supreme Court, Appellate Division, Third Department. May 3, 1911.) Action by Joseph Hubert, an infant, by Eugene Hubert, his guardian ad litem, against the United Traction Company. PER CURIAM. Judgment and order reversPER CURIAM. Interlocutory judgment af-ed, as against the evidence, and new trial grantfirmed, with costs, with usual leave to defended, with costs to appellant to abide event. ant to withdraw demurrer and answer, upon BETTS, J., not sitting. payment of costs of demurrer and of this appeal. SMITH, P. J., not voting. HORNBOSTEL, Respondent, v. ZWISOHN, Appellant. (Supreme Court, Appellate Division, Second Department. May 5, 1911.) Action by Leopold Hornbostel against Isaac Zwisohn. No opinion. Judgment of the Municipal Court affirmed, with costs. See, also, 127 N. Y. Supp. 1125. HOWE, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. May 24, 1911.) Action by Marie Eva Howe against the International Railway Company. PER CURIAM. Judgment and order affirmed, with costs. WILLIAMS, J., dissents, upon the ground of errors in refusal to charge as requested, in reception of evidence, and excessive damages. SPRING, J., not sitting. HOWELL, Appellant, v. JOHNSON, Re In re HUEG. (Supreme Court, Appellate Division, Second Department. May 12, 1911.) In the matter of the application of Herman Hueg for a peremptory writ of mandamus, etc. PER CURIAM. Order affirmed, with $50 costs and disbursements. JENKS, P. J., taking no part. HUNZIKER, Respondent, v. NIAGARA, LA & O. POWER CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 8, 1911.) Action by Bessie Hunziker, as administratrix, etc., against the Niagara, Lockport & Ontario Power Company. No opinion. Judgment and order affirmed, with costs. HUNZIKER, Respondent, v. NIAGARA, L & O. POWER CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 31, 1911.) Action by Bessie Hunziker, as administratrix, against the Niagara, Lockport & Ontario Power Company. No opinion. Motion for reargument denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied. INTERNATIONAL FERRY CO., Respond- The order is therefore affirmed, with $10 costs nt, v. AMERICAN FIDELITY CO., Appel- and disbursements. ant. (Supreme Court, Appellate Division, ourth Department. May 17, 1911.) Action y the International Ferry Company against he American Fidelity Company. No opinion. udgment affirmed, with costs. IRON WORKERS' SUPPLY CO., Appellant, LEVINGSON, Respondent. (Supreme Court, Appellate Division, Second Department. May 6. 1911.) Action by the Iron Workers' Suply Company against Isaac Levingson. No pinion. Judgment affirmed, with costs. ISAACS, Respondent. v. DECKER, Appelnt. (Supreme Court, Appellate Division, Secnd Department. May 26, 1911.) Action by Bernard Isaacs against George W. Decker. No pinion. Judgment of the Municipal Court afrmed, with costs. JACKSON v. DARTMOUTH REALTY CO. Cal. (Supreme Court, Appellate Division, Secnd Department. June 2. 1911.) Action by enjamin F. Jackson against the Dartmouth ealty Company and others. No opinion. Judgent affirmed, with costs. JANACK. Appellant, v. BENSON MINES CO., Respondent. (Supreme Court, Appellate Division, Third Department. May 3, 1911.) Action by John Janack, Jr., against the Benson Mines Company. PER CURIAM. Judgment affirmed,, with costs. BETTS, J., dissents. JENNE. Respondent, v. OTIS ELEVATOR CO., Appellant. (Supreme Court, Appellate Dition by William Jenne against the Otis Elevavision. Second Department. June 9, 1911.) Actor Company. PER CURIAM. Judgment and order affirmed, with costs. THOMAS and CARR, JJ., vote to reverse on the ground of error in the reception of evidence at folio 250, etc. JOHNSON, Appellant, v. BLANEY, Respondent. (Supreme Court, Appellate Division, First Department. June 2, 1911.) Action by John C. R. Johnson against Charles P. Blaney. L. H. Levin, for appellant. E. J. Tetlow, for reJACKSON, Respondent, V. HELLENIC spondent. No opinion. Order affirmed, with RANSATLANTIC STEAM NAVIGATION costs. Order filed. See. also, 132 App. Div. 0., Limited. Appellant. (Supreme Court. An- 925, 116 N. Y. Supp. 1139. ellate Division. First Department. April 28. 11.) Action by Frank W. Jackson against JONES, Respondent, v. BEVILLARD, Ape Hellenic Transatlantic Steam Navigation pellant, et al. (Supreme Court, Appellate Diviompany, Limited. A. C. Cass, for appellant.sion. Fourth Department. May 17, 1911.) AcW. Bonynge, for respondent. No opinion. tion by C. Lansing Jones, as substituted trusrder affirmed, with $10 costs and disburse- tee, etc., against Sarah G. Bevillard, impleaded ents. Order filed. with others. No opinion. Judgment affirmed, with one bill of costs. JAMES R. KEISER, Inc., v. KAISER & D. et al. (Supreme Court, Appellate Divion, First Department. May 12, 1911.) Apal from Special Term, New York County. tion by James R. Keiser, Incorporated, ainst Kaiser & Co. and others. From an ordenying an injunction pendente lite, plainf appeals. Affirmed. John E. Ruston, for pellant. Max D. Josephson, for respondents. PER CURIAM. Without expressing any inion as to what the final judgment should be, are not disposed to reverse the action of the urt at Special Term in refusing to grant the eliminary injunction before final judgment. JUVE, Respondent, V. PENNSYLVANIA STEEL CO., Appellant. (Supreme Court, Appellate Division, Second Department. May 5, 1911.) Action by Orlavus Juve against the Pennsylvania Steel Company. No opinion. Motion denied, without costs. See, also, 129 N. Y. Supp. 53. KALBACH v. ROSS. (Supreme Court, Appellate Division, Fourth Department. June 2, 1911.) Action by Gottfried Kalbach, as administrator, etc., against Clinton M. Ross. Νο opinion. Motion for reargument denied, with $10 costs. For former opinion, see 129 N. Y. Supp. 243. KAPLAN V. FRIEDMAN CONST. CO. (Supreme Court, Appellate Division, First Department. April 28, 1911.) Action by Hyman Kaplan against the Friedman Construction Company. No opinion. Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed. For former opinion, see 126 N. Y. Supp. 96. See, also, 128 N. Y. Supp. 1128. KASCSAK, Respondent, v. CENTRAL R. CO. OF NEW JERSEY, Appellant. (Supreme Court, Appellate Division, Second Department. June 9, 1911.) Action by John Kascsak against the Central Railroad Company of New Jersey. PER CURIAM. Judgment and order affirmed, with costs. See, also, 118 App. Div. 894, 103 N. Y. Supp. 1130; 135 App. Div. 721, 119 N. Y. Supp. 609. JENKS, P. J., and BURR, J., dissent. KATZ, Respondent, v. J. A. BURNS CO., Appellant. (Supreme Court, Appellate Division, First Department. May 12, 1911.) Action by Philip Katz against the J. A. Burns Company. G. Lange, Jr., for appellant. A. A. Feinberg, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. KIENLE PRESS v. OUTCAULT. (Supreme Court, Appellate Division, First Department. May 26, 1911.) Action by the Kienle Press against Richard F. Outcault. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. In re KILLAN'S ESTATE. (Supreme Court, Appellate Division, Fourth Department. March 8, 1911.) In the matter of the estate of Mary Killan, deceased. No opinion. Decree affirmed, with costs and disbursements against the appellant personally. In re KILLAN'S ESTATE. (Supreme Court, Appellate Division, Fourth Department. March 29, 1911.) In the matter of the estate of Mary Killan, deceased. No opinion. Motion for reargument denied, with $10 costs. See, also, supra. In re KIMBALL. (Supreme Court, Appel 1911.) In the matter of the application Harry G. Kimball for admission to the be No opinion. Application granted. In re KING'S ESTATE. (Supreme Cour Appellate Division, Second Department. M 12, 1911.) In the matter of the Estate of En ma L. King, deceased. PER CURIAM. Order of the Surrogates Court of the county of Queens modified, by i serting a provision requiring the filing of bond, conditioned and approved as required section 2723 of the Code of Civil Proceder. and, as modified, affirmed, without costs. Pr ceedings remitted to said court for dispositi accordingly. KIRSCHBAUM et al., Respondents, v. HE ALD, Appellant. (Supreme Court, Appellat Division, Second Department. May 26, 1911 Action by Simon Kirschbaum and others, 2 executors, etc., of Moses May, deceased, against John O. Heald. No opinion. Judgment and of der affirmed, with costs. KISSEL, Appellant, v. McGONIGLE. E spondent. (Supreme Court, Appellate Division Second Department. May 5, 1911.) Action John R. Kissel against Daniel McGonig No opinion. Motion denied, on condition that the appellant perfect his appeal, place the case on the next calendar, and be ready for arg ment when reached; otherwise, motion granted, with costs. In re KLEIN. (Supreme Court, Appellate Division, First Department. May 26, 1911.). In the matter of William Klein, an attorney. No opinion. Application granted, and respondent disbarred. Settle order on notice. KLEIN, Respondent, v. GRAHAM, Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. May 17, 1911.) Ation by Ophella C. Klein against Corden T. Graham, impleaded, etc. No opinion. Judg ment and order affirmed, with costs. KLENCKE, Respondent, v. DOREMUS, APpellant. (Supreme Court, Appellate Division. Second Department. May 26, 1911.) Action by Emma R. Klencke against Kathryne G. Doremus. No opinion. Judgment affirmed, with costs. KLIGER v. ROSENFELD (two cases). (Supreme Court, Appellate Division, First De partment. June 9, 1911.) Action by Max Kli ger against Samuel Rosenfeld. With these cases have been consolidated in this court cas es bearing titles as follows: Max Kliger Samuel Rosenfeld; Otto Koehler v. Chas. T. Wilson; Dean G. Edwards v. New Jersey & Hudson R. Co. No opinions. Motions denied. with $10 costs. Orders filed. See, also, 129 N. Y. Supp. 782. KLINGBEIL v. PUBLIC BANK. (S preme Court, Appellate Division, First Depart |