Majority
p. 897Chemical Bank & Trust Company, Successor to United States Mortgage and Trust Company, Mortgagee for the Benefit of the Holders of the Participation Certificates Secured by a First Mortgage, Dated as of the 25th day of November, 1925, Executed and Delivered by Fifth Avenue and Twenty-Eighth Street Realty Co., Inc., Respondent, v. Fifth Avenue and Twenty-Eighth Street Realty Co., Inc., and Others, Defendants, Impleaded with 245 Fifth Avenue Building, Inc., Appellant.
Order affirmed, with twenty dollars costs and disbursements. (See New York Title & Mortgage Co. v. Polk Arms, Inc., 262 N. Y. 21 , opinion by Pound, Ch. J.) Present—Martin, Merrell, O’Malley, Sherman and Townley, JJ.
Cases cited
- New York Title & Mortgage Co. v. Polk Arms, Inc. 262 N. Y. 21 p. 897