Mercer v. 944 Marcy Ave. Holding Corp.

*123OPINION OF THE COURT

Bernard Fuchs, J.

Movant is Shirley Boden, the administrator appointed on March 21, 1973 by order of this court under article 7-A of the Real Property Actions and Proceedings Law. He moves to set aside the settlement of a claim for fire damage made with the insurer by the mortgagee, the Hudson City Savings Institution, under the mortgagee’s fire insurance policy. An alternative motion is to require the mortgagee to make restitution to the administrator for the reasonable cost of repairs involved in the claim.

On December 11, 1974, some 20 months after the administrator’s…