Title Guarantee & Trust Co. v. Foxvale Realty Corp.

In statutory proceedings, under section 1077-c of the Civil Practice Act, the .court may direct payment only of the surplus produced u during the six months prior to the application.” (Matter of Mortgage Corp. v. Menan Realty Corp., 282 N. Y. 724; Matter of Chase Nat. Bank v. Guardian Realties, Inc., 283 N. Y. 350.) The order of Special Term directing payment of a surplus produced during a different six-month period cannot be sustained on the ground that here the owner of the mortgaged property waived limitations upon the statutory power of the court by its consent to an examination of its…