In re a Plan by Mortgage Commission — 297 N.Y. 1009

Majority

p. 1009

In the Matter of a Plan by Mortgage Commission of the State of New York with Respect to a Mortgage Covering Premises 8718 Ridge Boulevard, Borough of Brooklyn, Guaranteed by Lawyers Mortgage Company. (Mortgage No. 200,643.) Robert E. Dineen, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Mortgage Company, and Bureau of Trust Supervision, Respondents; Brooklyn Trust Company, as Trustee under a Declaration of Trust Dated the 21st Day of November, 1938, Appellant.

Argued April 14, 1948;

decided May 20, 1948.

p. 1011

Stanley S. EawTces and Ralph W. Crolly for appellant.

J. Francis Lynch, Gertrude D. E. Perlman and Thomas D. Austin for respondents.

Stanley Zucherman for amici curia in support of respondents’ position.

Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.