In re Mortgage Commission

The motion is referred to the court that rendered the decision on the prior motion. [See 256 App. Div. 301; Id. 1081.] Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ. Motion for reargument of motion granted, and on reargument motion for leave to appeal to the Court of Appeals granted and the following question certified: In this proceeding, in ascertaining if surplus was produced pursuant to section 1077-c, Civ. Prae. Act, was it proper for the Special Term to refuse to include, as an item tending to produce surplus, the reasonable value of the use and occupation of that part…