Emigrant Industrial Savings Bank v. Shelburn Realty Corp.

A mortgagee here moves under section 1077-c of the Civil Practice Act for an order directing the owner of the mortgaged premises to pay over the surplus income produced by the mortgaged premises during the six months ending October 31, 1941. The notice of the motion is dated January 17, 1942, and was served on January 19,1942, and was returnable on January 30, 1942.

*63As the application is not for the surplus produced during the six months prior to the application, the court is without power to grant it. (Matter of Title Guarantee & Trust Co. v. Foxvale Realty Corp., 287 N. Y. 147, and cases…