In the Matter of the Application of Mae Surgan and Edward Larkin, as Trustees under the Last Will and Testament of Hyman Surgan, Deceased, and Benjamin Strongin, for an Order Directing the Winthrop & E. 51st Street Corporation to Make Available All Records and Data with Respect to Income and for an Order Directing the Payment of Surplus Income or Such Part Thereof as the Court May Determine to the Mortgagees; Mae Surgan and Edward Larkin, as Trustees under the Last Will and Testament of Hyman Surgan, Deceased, and Benjamin Strongin to Apply Toward the Reduction of Any Past Due Principal on the Second Mortgage Covering the Premises Located at the Southeast Corner of Winthrop Street & E. 51st Street, Brooklyn, New York, Owned by the Said Winthrop & E. 51st Street Corporation, Pursuant to the Provisions of Section 1077-c of the Civil Practice Act. Winthrop & E. 51st Street Corporation, Appellant; Mae Surgan amd Edward Larkin, as Trustees under the Last Will and Testament of Hyman Surgan, Deceased, and Benjamin Strongin, Respondents

In the Matter of the Application of Mae Surgan and Edward Larkin, as Trustees under the Last Will and Testament of Hyman Surgan, Deceased, and Benjamin Strongin, for an Order Directing the Winthrop & E. 51st Street Corporation to Make Available All Records and Data with Respect to Income and for an Order Directing the Payment of Surplus Income or Such Part Thereof as the Court May Determine to the Mortgagees; Mae Surgan and Edward Larkin, as Trustees under the Last Will and Testament of Hyman Surgan, Deceased, and Benjamin Strongin to Apply Toward the Reduction of Any Past Due Principal on the Second Mortgage Covering the Premises Located at the Southeast Corner of Winthrop Street & E. 51st Street, Brooklyn, New York, Owned by the Said Winthrop & E. 51st Street Corporation, Pursuant to the Provisions of Section 1077-c of the Civil Practice Act. Winthrop & E. 51st Street Corporation, Appellant; Mae Surgan amd Edward Larkin, as Trustees under the Last Will and Testament of Hyman Surgan, Deceased, and Benjamin Strongin, Respondents. [MAJORITY] In a proceeding instituted pursuant to section 1077-e of the Civil Practice Act, an order, dated October 3, 1939, was made granting respondents’ application to direct the owner to make available for inspection by the mortgagees and by the court, all records and data available as to the income and disbursements for the mortgaged premises herein, for the six-month period preceding September 1st, 1938, and granting other relief, pursuant to section 1077-e. From that order the owner appeals. Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The order was contrary to law. (Matter of Mortgage Corp. v. Menan Realty Corp., 258 App. Div. 429.) Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ., concur.