*1 561 MEMORANDA. Rep.] N. Y. department entered January 14, 1926, unanimously affirming judgment a in of plaintiffs favor upon entered a of the on Special decision court trial at in an Term action to restrain the maintaining defendant from a shutting brick wall on his ten in premises height over feet up plaintiff’s adjoining on The windows premises. plaintiffs of constructed two windows in the wall westerly building their at the opening level, upon third floor flush the on property, and the defendant’s erected defendant his building land a in which, though two general but in height, stories has easterly an wall which extends upward beyond general the to roof level a above the point top of plaintiffs’ the windows. The trial held that court the wall a private was nuisance of the under 3 section Real Property Law.

Clarence G. Bachrach for appellant. Herbert N. Warbasse H. L. and Salpeter respondents. for Judgment affirmed, with costs; opinion. no McLaugh- Concur: His J., Ch. cock, Cardozo, Pound, and JJ. lin, Crane, Andrews Lehman, et of al., as Administrators of the Estate Anna Cohen City Deceased, Appellants, v. Gussie Cohen, The of Respondent. York, New — — —

Negligence master and to recover servant motor vehicles action — plaintiff through being by death truck deviation struck motor for of by purposes from, by driver own route directed master. for 382, App. Cohen v. City York, 215 Div. affirmed. New of (Argued 31, 1926; May 9, 1926.) July decided Appeal 18, 1926, judgment February from a entered upon Supreme an of the Appellate order of the Division in Court the a judicial department, reversing judg- first ment in of upon favor a and plaintiffs verdict entered to directing a dismissal of the in an complaint action of to alleged recover for the death have plaintiffs’ intestate been through the negligence sustained of defendant. by Intestate killed by was a motor truck owned defendant 36

562 MEMORANDA. 243 [Vol. of completion of After by employees. one its driven and *2 to take the by his foreman he had been directed work his route from garage. He followed usual to the truck First avenue garage the until he reached toward the stable the going of to when, street instead Twenty-fourth and up First Twenty-fourth street, proceeded in he garage Eightieth then on Eightieth to street and west avenue he off the truck avenue, where let friends street to Second return, a On his he had accommodated with ride. whom avenue, the accident and Second Sixty-seventh at street happened. appellants. and David H. Slade for

Maxwell Slade F. Counsel (John P. George Nicholson, Corporation of Elliot S. Benedict B. White O’Brien, and William counsel), respondent. for costs; opinion. no

Judgment affirmed, with J., Cardozo, Concur: His McLaughlin, cock, Ch. J. and JJ. Absent: Pound, Crane, Lehman, Andrews H. Appellant, C. v. Edward Jewett, Wisner, Abram Respondent. —— option action to recover consideration Contract sale of for transfer option expired. purchase that at time had to stock —defense of transfer Jewett, App. 667, v. 213 Div. affirmed. Wisner 1926; 9, 1926.) (Argued May 31, July decided Appeal 21, 1925, judgment from a entered October Supreme of the upon Appellate an order of the Division reversing judg- in a judicial department, Court the first in of the of a decision plaintiff upon ment favor entered of Special directing court on trial at Term and a dismissal The action on The com- complaint. the was contract. alleged plaintiff, having purchase that an to plaint option in the to the defendant stock, certain transferred same a of to to agreement plaintiff consideration his transfer purchase. of of the after certain number shares stock agreement, The was that at the time of the defense