Power v. Falk

Plaintiffs appeal from a judgment dismissing the complaint after trial and from an order denying an application to reopen the case for further proof. In view of the disposition made upon the first appeal, the second appeal is dismissed as academic.

Plaintiffs sue for the delivery of certain stock certificates, an accounting of the rents in a certain building, and other equitable relief. It appears that in 1937 the plaintiffs owned the building in question, 147 West 40th Street, having acquired it by descent from Michael Deane, their father. The property was encumbered by a first mortgage in…