In re East River Savings Bank

Appeal from an order denying a mortgagee’s motion under section 1077-c of the Civil Practice Act, to direct the last record owner of certain real property to make available all records and data relating to income and disbursements of the property for the year 1943 and to pay the surplus income, if any, to the mortgagee in reduction of the past due principal of its mortgage. Order reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs. The language of section 1077-c of the Civil Practice Act requires such an application to be directed to the last…