In re Averbach

ADLER, District Judge.

The referee in bankruptcy denied the petition of the claimant for leave to file its claim. The adjudication in bankruptcy in this ease was on January 27, 1928. The bankrupt had title to a building, and prior to the filing of the petition in bankruptcy, the claimant filed a mechanics’ lien against him for material furnished for bankrupt’s build*944ing. On February 24, 1928, an action was begun in tbe Supreme Court, Monroe County, by one Charles Bird against the bankrupt and the trustee in bankruptcy to foreclose two mortgages upon his property. The claimant was made a…