Franklin Savings Bank v. 108 East 86th Street Corp.

1 his is a motion by a receiver in foreclosure for per-

mission to withdraw a motion heretofore made to compel the defendant to turn over to him certain moneys which he contended belonged to the defendant and were properly applicable to the turnover demand. Sharp issues of fact were involved and the matter was sent to a referee to take proof and report to the court with respect thereto.

The referee duly qualified and thereupon set a date for hearing; counsel appeared; no proof was taken but an adjournment was requested and granted. Further adjournments took place by arrangement before the…