Legal Opinion

In re Plan of Readjustment

Appellate Division of the Supreme Court of the State of New York

Decided January 20, 1941No. Index No. SN 35/1936Published

1Opinion of the Court

*833In a proceeding instituted by Lthe trustee of a certificated mortgage, asking, among other things, for instructions as to the date when a condemnation award, received by the trustee, should be applied in reduction of the principal of the mortgage, order in so far as appealed from, affirmed, with ten dollars costs and disbursements. At the time when the award was received from the comptroller of the city of New York and continuously thereafter until the final disposition of the matter in the Court of Appeals, the trustee’s title to the fund was encumbered by the adverse claim of the fourth…

2Cases cited2 opinions

  1. Persons v. GardnerAppellate Division of the Supreme Court of the State of New York · 1907
  2. In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938

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