Lehman Bros. Holdings, Inc. v. Penson

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 16, 2002, which, inter alia, granted plaintiff’s assignee the money remaining in the receiver’s account after payment of fees upon discharge of the receivership, namely, $150,455.98 plus interest, unanimously affirmed, with costs. Appeal from the decision of the same court and Justice, dated September 11, 2002, unanimously dismissed, without costs, as taken from a nonappealable paper.

In connection with its acquisition of the mortgage from plaintiff, Athena-Liberty Finance released defendant mortgagor Liberty…