In re the Mortgage Corp.

Motion to compel respondent to pay surplus and for inspection. Respondent opposes the application upon the ground that it was not necessary to be brought because respondent has at all times been willing to make its records available for inspection.

However, in view of the decision in Matter of Mortgage Corporation v. Menan Realty Co. (258 App. Div. 429; affd., 282 N. Y. 724), to the effect that the court may not direct the payment of a surplus except for the six months’ period preceding the application, the petitioner is entitled to the relief sought. While the decisions seem to indicate that…