In re the Unique Operating Co.

Callahan, J;

The situation presented upon the present appeal is somewhat similar to that found in Matter of Mortgage Corporation of New York (Ohlbaum) (263 App. Div. 627), decided herewith. In the present case the petitioner is the holder of a second mortgage upon which the principal sum of $9,000 is past due. The mortgagor has been voluntarily paying $500 each to the first and second mortgagees on account of the principal of their respective mortgages during each six months’ period. Special Term fixed the surplus of income produced by the property over the expenses at $1,339.89, after giving…