Majority
p. 855In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, for an Order to Take Possession of the Property of and Rehabilitate the Westchester Title and Trust Company. In the Matter of a Plan of Readjustment of the Rights of Holders of Investments in Mortgages Guaranteed by said Company. (Series 89-B.) Robert E. Dineen, Superintendent of Insurance of the State of New York, as Liquidator of the Westchester Title and Trust Company, Appellant; Oliver W. Birckhead et al., as Successor Trustees in Mortgage Investment Certificated Series WTT #89-B, Respondents.
Appeal by the Superintendent of Insurance, as liquidator of Westchester Title and Trust Company, from an order which denied his claim in the sum of $3,422.20, representing sums invested in the purchase of two tax liens, with interest, the properties of which were later foreclosed and the tax liens extinguished. On an accounting by the successor trustees it was decreed that the loss arising out of the tax liens should be borne by the general assets of the company for distribution. Order insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Close, P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur. [See post, p. 940.]