Fieland v. Chase Manhattan Mortgage & Realty Trust

— Order, Supreme Court, New York County, entered September 27, 1978, which, inter alia, denied plaintiff’s motion for summary judgment; denied consolidation; granted Fidelity’s motion to intervene and for summary judgment in its favor on behalf of all noteholders, unanimously affirmed, with one bill of costs. Chase Manhattan Mortgage and Realty Trust (CMART) had defaulted in payment of over $38 million in its 7%% notes due May 1, 1978. The notes were issued pursuant to a trust indenture which provided, inter alia, that in the event of a default a specifically named trustee or its successor…