Corporations
In the Matter of the Application of Rae Ranzal, Respondent, for the Removal of The Bank of United States as Trustee, and the Removal of the Clinton Trust Company, Purporting to Act as Successor Trustee, under a Trust Indenture Bond and Mortgage Bearing Date June 1,1927, Executed by the 142-144 Joralemon Street Corporation to the Central Mercantile Bank and Trust Company, as Trustee for the Benefit of Shareholders and for the Appointment of a Substitute Trustee Thereunder, Pursuant to the Provisions of Section 112 of the Real Property Law. Clinton Trust Company, Appellant
235 A.D. 796·New York Supreme Court, Appellate Division·1932·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of the Application of Rae Ranzal, Respondent, for the Removal of The Bank of United States as Trustee, and the Removal of the Clinton Trust Company, Purporting to Act as Successor Trustee, under a Trust Indenture Bond and Mortgage Bearing Date June 1,1927, Executed by the 142-144 Joralemon Street Corporation to the Central Mercantile Bank and Trust Company, as Trustee for the Benefit of Shareholders and for the Appointment of a Substitute Trustee Thereunder, Pursuant to the Provisions of Section 112 of the Real Property Law. Clinton Trust Company, Appellant.
Affd., 259 N. Y. 632.
[MAJORITY]
Order appointing a referee and denying motion to dismiss the petition reversed on the law and the facts, with ten dollars costs and disbursements, and motion to dismiss petition granted, with ten dollars costs. Every issue of fact and question of law urged here should be passed upon in the foreclosure action. Hagarty, Carswell, Seudder, Tompkins and Davis, JJ., concur.