Majority
p. 829In the Matter of the Petition of the Westchester County Bar Association in Regard to Benjamin Levitan, an Attorney, Respondent.
Proceeding dismissed. Respondent claims the right to withhold the sum of $100 from plaintiff in the foreclosure action because said plaintiff refuses to abide by the terms of a lease made by respondent, as receiver, with a tenant, and by which lease respondent claims said plaintiff was to be bound under a settlement of the foreclosure action. The controversy should be determined in a summary proceeding in the foreclosure suit or by separate action as the parties may be advised. The respondent seems to be acting in good faith. Present — Lazansky, P. J., Hagarty, Davis, Johnston and Adel, JJ.