Majority
p. 211Title Guarantee and Trust Company, Plaintiff, v. Mortgage Commission of the State of New York, Defendant. First Department, April 3, 1936.
p. 212
Timothy N. Pfeiffer of counsel [Joseph V. McKee, Wilber Stammler and Edward D. Gasson with him on the brief; Milbank, Tweed, Hope & Webb, attorneys], for the plaintiff.
Joseph J. Corn, Jr., of counsel [Solomon J. Heifetz and Thorold J. Deyrup with him on the brief; Benjamin J. Rabin, attorney], for the defendant.
The submission fails to disclose what connection, if any, exists between the plaintiff and the guarantor. Any such connection might be very material in the determination of the issues presented. We are further of the opinion that certificate holders other than the plaintiff should have notice of any intended submission and be afforded opportunity of agreeing, if possible, upon the statement of controversy.
We are unable to . decide the submission and the same, is accordingly dismissed.
Present — Martin, P. J., McAvoy, O'Malley and Cohn, JJ.
Submission of controversy unanimously dismissed.