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Gerrity v. President & Directors of the Manhattan Co.

246 A.D. 515 Court N.Y. App. Div. English

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p. 515
James J. Gerrity, Suing on Behalf of Himself and All Other Certificate Holders with Respect to a First Mortgage Serial Six Per Cent Coupon Gold Certificate under Which 1088 Park Avenue, Inc., is the Obligor, Respondent, Appellant, v. President and Directors of the Manhattan Company, as Trustee, Appellant, Respondent. Caryl Goodman, the Holder of a Bond Secured by a Mortgage on Premises Known as 1088 Park Avenue Apartment, Suing on Behalf of Herself and All Other Bondholders Similarly Situated, Respondent, v. Bank of The Manhattan Company, as Trustee, Appellant.

Final judgment, so far as appealed from, confirming report of referee and settling and allowing the intermediate and supplemental accounts of the defendant, and order denying plaintiff’s motion to modify report of referee, unanimously modified by reducing the amount allowed to the referee for his services to the sum of $2,500, and by striking out the allowances to the attorneys for the plaintiffs, and as so modified the judgment and order appealed from are affirmed, with costs to the defendant, appellant, President and Directors of the Manhattan Company, as trustee. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.