East River Savings Bank v. Lash Realty Co.

A mortgagee here moves for leave to foreclose because of respondent’s failure to make available all records and data concerning the operation of the mortgaged premises for the *104six months’ period from April 1, 1941, to September 30, 1941. Careful study of needlessly verbose and badly constructed affidavits convinces me that, if respondent’s contention that all available records have been exhibited be true, then there has been a failure to keep such records as are necessary to show whether or not the mortgaged property has produced a surplus over and above the taxes, interest, and all other…