In re Konopny

This is a motion by a chattel mortgagee to have payment made directly to him on the claim that his mortgage covered the trade fixtures owned by a tenant, Nelson Bros. Metal Ornaments, Inc. The motion is opposed on two grounds: (1) That the failure to refile within a year of July 7, 1938, rendered the chattel mortgage inoperative and extinguished its lien; (2) that it does not appear that the mortgage covered the items for which the court made an award.

On July 16, 1937, the city of New York took title in this proceeding. On the theory that the trade fixtures, as between the condemnor and the…