Civil Procedure · MBE-tested
In the Matter of the Rehabilitation of Lawyers Mortgage Company. In the Matter of a Proposal or Plan by Mortgage Commission of the State of New York to Exercise Certain of Its Limited Powers with Respect to a Mortgage Covering Premises Known as No. 8718 Ridge Boulevard, in the Borough of Brooklyn, County of Kings, City and State of New York, Securing Mortgage Investments Issued and Guaranteed by Lawyers Mortgage Company and Designated as Mortgage No. 200643. Brooklyn Trust Company, as Trustee under Declaration of Trust Dated November 21st, 1938, Appellant; Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Mortgage Company, Louis H. Pink, Superintendent of Insurance of the State of New York, as Successor to the Mortgage Commission of the State of New York under and Pursuant to the Provisions of Chapter 19 of the Laws of 1935 as Amended by Chapter 944 of the Laws of 1939, Respondents
259 A.D. 735·New York Supreme Court, Appellate Division·1940·NY
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Opinion
In the Matter of the Rehabilitation of Lawyers Mortgage Company. In the Matter of a Proposal or Plan by Mortgage Commission of the State of New York to Exercise Certain of Its Limited Powers with Respect to a Mortgage Covering Premises Known as No. 8718 Ridge Boulevard, in the Borough of Brooklyn, County of Kings, City and State of New York, Securing Mortgage Investments Issued and Guaranteed by Lawyers Mortgage Company and Designated as Mortgage No. 200643. Brooklyn Trust Company, as Trustee under Declaration of Trust Dated November 21st, 1938, Appellant; Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Mortgage Company, Louis H. Pink, Superintendent of Insurance of the State of New York, as Successor to the Mortgage Commission of the State of New York under and Pursuant to the Provisions of Chapter 19 of the Laws of 1935 as Amended by Chapter 944 of the Laws of 1939, Respondents.
[MAJORITY]
Order granting application of the liquidator of the Lawyers Mortgage Company to require a trustee of a certain mortgage issue of that company to register in his name a certificate of the issue on a parity with all outstanding certificates and to pay over all sums on account of principal or interest distributable or to become distributable on said certificate affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.