3105 Grand Corp. v. City of New York

On the original argument the record disclosed that there was a fund in existence from which payments might be directed to be made. It now appears, and on this reargument both sides concede, that these statements in the record were not in accord with the facts and that there is no fund or sum of money held in escrow. While the existence of such a fund is not indispensable to the maintenance of a summary proceeding to attain the objective of the plaintiffs herein —■ to be made whole for moneys belonging to them that had been diverted by a receiver in a foreclosure action to the purposes of…