← Cases

City of White Plains v. Griffen

255 A.D. 1003 Court N.Y. App. Div. Decision date 1938-12-23 English

Contents

Majority

p. 1003
The City of White Plains, Respondent, v. Austin K. Griffen, Vernon N. Bailey and Isaac Carpenter, Jr., as Successor Trustees for the Benefit of Holders of Mortgage Investments Issued and Guaranteed by Westchester Title & Trust Company under Series No. 38-F, and Others, Appellants.

In an action brought to foreclose certain transfers of tax liens on real property, held by the plaintiff municipality, the defendants, trustees of a certificated mortgage issue, who are the owners of the equity of redemption, appeal from an order restrain

p. 1004
ing them, until the delivery of the referee’s deed, from removing top soil from such real property, and granting other appropriate relief. Order, in so far as an appeal is taken therefrom, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Davis, Adel, Taylor and Close, JJ., concur.