Majority
p. 865In 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, Appellant, for an Order Directing Guardian Realties, Inc., 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. (Second Application.)
Orders entered December 20, 1939, and January 12, 1940, reversed, with twenty dollars costs and disbursements, and motion granted. No opinion. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.; Glennon, J., dissents and votes to affirm; Untermyer, J., takes no part.— Settle order on notice. [See post, p. 877.]