In re Mount Vernon Trust Co.

241 A.D. 886

Opinion

Motion for reargument denied. We adhere to our decision made April 25,1934 [ante, p. 835], and repeat that the remedy of the aggrieved depositors in respect to their rights and preferences and the rights of stockholders must be determined in an action where the questions can be raised directly, and not collaterally, as it is sought to do in this purely statutory proceeding. Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.