Majority
p. 801Bank of Manhattan Trust Company, as Successor Trustee by Merger to American Trust Company, under a Certain Mortgage or Deed of Trust Made by Silrap Construction Co., Inc., Bearing Date January 1, 1926, Respondent, v. Silrap Construction Co., Inc., and Others, Defendants, Impleaded with Commonwealth Bond Corporation, Individually and as Committee for the Protection of Holders of Bond Certificates under the Mortgage or Deed of Trust by Silrap Construction Co., Inc., to American Trust Company, as Trustee, Dated January 1, 1926, Respondent, and Clinton M. Woodford and Others, as Committee for the Protection of Holders of First Mortgage Six and One-half Per Cent Sinking Fund Loan Certificates Issued under and Pursuant to the Provisions of the Trust Mortgage Dated January 1, 1926, Made by Silrap Construction Co., Inc., to American Trust Company, as Trustee, Appellants.
Plaintiff having stipulated in open court to furnish a list of bondholders, the appeal from order denying motion for such list is dismissed, without costs. Trial stayed until March 15, 1933. In the meantime the court will consider the other questions involved. Lazansky, P. J., Hagarty, Scudder, Tompkins and Davis, JJ., concur.