Civil Procedure · MBE-tested
In the Matter of a Proposal or Plan for the Readjustment, Modification or Reorganization of the Rights of All the Holders of Mortgage Investments Represented by Series CW First Mortgage Participation Certificates Issued and Guaranteed by New York Title and Mortgage Company
263 A.D. 984·New York Supreme Court, Appellate Division·1942·NY
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Opinion
In the Matter of a Proposal or Plan for the Readjustment, Modification or Reorganization of the Rights of All the Holders of Mortgage Investments Represented by Series CW First Mortgage Participation Certificates Issued and Guaranteed by New York Title and Mortgage Company.
[MAJORITY]
Upon the facts which appear in the record, the surcharge by the court of the cost of the premiums paid constituted error. Order, so far as appealed from, unanimously reversed, without costs, and the items in question allowed. Settle order on notice. Present —-. Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.