Bowery Savings Bank v. Nosmo Realty Corp.

The petitioner, Frederick Construction and Engineering Company, has a lien junior to a second mortgage of defendant Roth on premises 15 West Thirty-first street, which are the subject of this foreclosure action. The second mortgage covers also property on One Hundred and Seventieth street in The Bronx. The petitioner asks that the distribution of the proceeds of the Thirty-first street foreclosure in a surplus-money proceeding be stayed until he can prosecute a suit in equity to compel Roth to foreclose on the Bronx property and marshal the securities.

In Quackenbush v. O’Hare (129 N. Y. 485)…