Majority
p. 864In the Matter of the Application of The Chase National Bank of the City of New York, as Successor Trustee under Indenture of Mortgage Made by 100 William Street Corporation to The Seaboard National Bank of the City of New York as Trustee Dated April 1, 1926, Mortgagee, Applicant, Respondent, Appellant, for an Order Directing Guardian Realties, Inc., Respondent, Appellant, and Woodbridge Building Corporation, Respondent, to Pay over Surplus Income to Said Mortgagee, and for Other Relief, Pursuant to the Provisions of Section 1077-c of the Civil Practice Act. (First Application.)
Orders entered October 31, 1939, November 18, 1939, February 15, 1940, and March 21, 1940, affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.; Glennon, J., dissents and votes to reverse; Untermyer, J., takes no part. — - Settle order on notice.