In re Strenger

Appellate Division of the Supreme Court of New York

In re Strenger

254 A.D. 852, 6 N.Y.S.2d 377, 1938 N.Y. App. Div. LEXIS 7978

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 1938·Published

Opinion

Orders unanimously reversed and the matter remitted to the referee to take testimony and report to Special Term concerning the source of the payment on account of the first mortgage. If the funds employed were in part made up of the surplus which accrued during the period from June 1, 1936 to November 30, 1936, it would have a direct bearing on the issues involved upon this application. Settle order on notice. Present — O’Malley, Townley, Glennon, Dore and Cohn, JJ.

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Orders unanimously reversed and the matter remitted to the referee to take testimony and report to Special Term concerning the source of the payment on account of the first mortgage. If the funds employed were in part made up of the surplus which accrued during the period from June 1, 1936 to November 30, 1936, it would have a direct bearing on the issues involved upon this application. Settle order on notice. Present — O’Malley, Townley, Glennon, Dore and Cohn, JJ.

In re Strenger, 254 A.D. 852, 6 N.Y.S.2d 377, 1938 N.Y. App. Div. LEXIS 7978 (N.Y. Ct. App. 1938).

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