Majority
p. 1003(Appeal No. 1.)
Title Guarantee and Trust Company, as Mortgagee of Record in an Extension Agreement Executed Pursuant to a Plan of Readjustment, etc., of the Rights of the Holders of Investments in a Certain Mortgage Covering Premises 98 Montague Street (Bossert Hotel), Brooklyn. New York, Guaranteed by Bond and Mortgage Guarantee Company, Guarantee No. 170903, Approved by a Final Order of the Supreme Court of the State of New York for the County of Kings, Entered the 4th Day of January, 1935, and for the Benefit of the Holders of Investments in Said Mortgage, Plaintiff, v. Estate of Louis Bossert, Inc., and Others, Defendants. Public Operating Corporation, Appellant; Richard I. N. Weingart, Receiver, Respondent, and Brooklyn Trust Company, Trustee, Intervenor-Respondent.
Appeal from that part of an order granting appellant’s motion to compel the receiver to act, which requires appellant to defray certain costs, expenses and fees of the receiver. Order affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Adel and Taylor, JJ., concur; Hagarty, J., not voting.