Bank of the United States v. Fenley Realty Co.

La Petra, Ch. J.

This is a motion for a preference, pursuant to section 71 of the Banking Law, in an action prosecuted in behalf of the Superintendent of Banks of the State of New York. In said section it is provided that such an action shall be entitled to the same preference to which an action by or against a receiver appointed by the court is entitled.

Section 138 of the Civil Practice Act provides for a preference in actions in which a receiver is a party. Section 141 of the Civil Practice Act regulates the granting of orders upon such applications. It reads: “ If it shall appear that the…