Matter of East River Sav. Bank (Morsyl R. Corp.)

This proceeding is brought under section 1077-c of the Civil Practice Act to compel the appellant, as the last record owner of mortgaged premises, to produce all records and data available as to income and disbursements pertaining to the mortgaged property for the calendar year 1943 and to apply the surplus, if any, in such amount as the court may order, in reduction of the mortgaged indebtedness, or, in default of the production of all or of adequate records and data, or payment of such surplus as is ordered, to.obtain authorization for foreclosure.

It is undisputed that, while the then…