In re Leland — 255 N.Y. 607

Majority

p. 607

In the Matter of Fanny B. Leland et al., Respondents. Creston Apartments Corporation, Appellant.

(Argued January 6, 1931;

decided February 10, 1931.)

p. 608

Meyer Levy, James Murphy and Charles H. Friedrich for appellant.

Francis X. 'Hennessy for respondents.

The order should be interpreted as requiring the payment of the purchase price directly to the United States Trust Company, the substituted trustee. So interpreted the irregularities in the proceeding are formal rather than substantial.

The order should be affirmed, with costs.

Cardozo, Ch. J., Pound, Crane, Lehman, O’Brien and Hubbs, JJ., concur; Kellogg, J., not sitting.

Order affirmed.