Civil Procedure · MBE-tested
In the Matter of the Liquidation 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. 40 Lincoln Road, in the Borough of Brooklyn, County of Kings, City and State of New York, Securing Mortgage Investments Guaranteed by Lawyers Mortgage Company and Designated as Mortgage No. 29,617. In the Matter of the Application of Title Guarantee and Trust Company, as Trustee for the Benefit of Certificate Holders in Mortgage No. 29,617 of Lawyers Mortgage Company, for an Order Directing the Superintendent of Insurance of the State of New York and Mortgage Commission of the State of New York, to Pay over Certain Sums of Money Taken from the Funds of Said Mortgage Issue. Louis H. Pink, Superintendent of Insurance of the State of New York, as Successor to Mortgage Commission of the State of New York, Appellant; Title Guarantee and Trust Company, as Trustee of Series No. 29,617 of Lawyers Mortgage Company, Respondent
259 A.D. 915·New York Supreme Court, Appellate Division·1940·NY
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Opinion
In the Matter of the Liquidation 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. 40 Lincoln Road, in the Borough of Brooklyn, County of Kings, City and State of New York, Securing Mortgage Investments Guaranteed by Lawyers Mortgage Company and Designated as Mortgage No. 29,617. In the Matter of the Application of Title Guarantee and Trust Company, as Trustee for the Benefit of Certificate Holders in Mortgage No. 29,617 of Lawyers Mortgage Company, for an Order Directing the Superintendent of Insurance of the State of New York and Mortgage Commission of the State of New York, to Pay over Certain Sums of Money Taken from the Funds of Said Mortgage Issue. Louis H. Pink, Superintendent of Insurance of the State of New York, as Successor to Mortgage Commission of the State of New York, Appellant; Title Guarantee and Trust Company, as Trustee of Series No. 29,617 of Lawyers Mortgage Company, Respondent.
[MAJORITY]
Motion for leave to appeal to the Court of Appeals denied. Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.