Majority
p. 938Laurence Collins, Suing on His Own Behalf and on Behalf of Any and All Creditors of Shore Acres Realty Company, a Corporation, etc., Respondent, v. Shore Acres Realty Company, a Corporation, Defendant. The Mutual Life Insurance Company of New York, Appellant.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that no reason is shown for restraining or preventing the foreclosure of the appellant’s mortgage. That the real estate market is dull affords no reason for enjoining plaintiff from selling his collateral. The cases cited relate to the illegal disposition of the funds or property of the corporation. Jenks, P. J., Mills, Rich, Kelly and Jaycox, JJ., concurred.