Majority
p. 886In the Matter of the Application of The Mount Vernon Trust Company for an Order of Approval of the Supreme Court of the State of New York of the Plan of Reorganization of The Mount Vernon Trust Company under Which It May Resume Business. Julia Kauzmann and Others, Appellants ; The Mount Vernon Trust Company, Respondent.
Motion for reargument denied. We adhere to our decision made April 25,1934 [ante, p. 835], and repeat that the remedy of the aggrieved depositors in respect to their rights and preferences and the rights of stockholders must be determined in an action where the questions can be raised directly, and not collaterally, as it is sought to do in this purely statutory proceeding. Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.