County Securities, Inc. v. Warwick Properties, Inc.

Majority

p. 774

County Securities, Inc., Respondent, v. Warwick Properties, Inc., et al., Defendants and City of Mount Vernon, Defendant-Appellant.

Argued November 30, 1942;

decided January 7, 1943.

p. 775

Arthur H. Ellis, Corporation Counsel (Irving Libenson of counsel), for appellant.

Arthur M. Laufer for respondent.

Joseph W. Bryan for Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Westchester Mortgage and Title Company, et al., amicus curise in support of respondent.

p. 776

Judgments modified by deducting from the amount thereof all interest allowed for the breach prior to the commencement of the present action, and as so modified, affirmed without costs. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rirpey, Lewis, Conway and Desmond, JJ.