Mortgage Corp. v. Penzance Holding Co.

Appellate Division of the Supreme Court of New York

Mortgage Corp. v. Penzance Holding Co.

260 A.D. 1042, 24 N.Y.S.2d 343, 1940 N.Y. App. Div. LEXIS 5990

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1940

StatusPublished

This text of 260 A.D. 1042 (Mortgage Corp. v. Penzance Holding Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mortgage Corp. v. Penzance Holding Co., 260 A.D. 1042, 24 N.Y.S.2d 343, 1940 N.Y. App. Div. LEXIS 5990 (N.Y. Ct. App. 1940).

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Opinion

Order granting appellant’s application under section 1077-c of the Civil Practice Act for an inspection of the records and data of the owner of certain mortgaged premises modified by striking out the words, “ June 30, 1940,” from the second decretal paragraph and sub[1043]*1043stituting in place thereof the words, “ July 25th, 1940.” As thus modified the order is affirmed, without costs. (Matter of Mortgage Corp. y. Menan Realty Corp., 258 App. Div. 429; Matter of Surgan v. Winthrop & E. 51st St. Corp., 259 id. 728.) Proper adjustments of receipts and disbursements may be made at the time application, if any, is made for payment of claimed surplus. (See Matter of Mortgage Comm, of State of N. Y. [Brooklyn Consol. Realty Corp.— 370 4th Ave.], 255 App. Div. 979, and Matter of Title Guarantee & Trust Co. [7101 Shore Rd.— Shore Towers, Inc.], 258 id. 729.) Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Order granting appellant’s application under section 1077-c of the Civil Practice Act for an inspection of the records and data of the owner of certain mortgaged premises modified by striking out the words, “ June 30, 1940,” from the second decretal paragraph and sub[1043]*1043stituting in place thereof the words, “ July 25th, 1940.” As thus modified the order is affirmed, without costs. (Matter of Mortgage Corp. y. Menan Realty Corp., 258 App. Div. 429; Matter of Surgan v. Winthrop & E. 51st St. Corp., 259 id. 728.) Proper adjustments of receipts and disbursements may be made at the time application, if any, is made for payment of claimed surplus. (See Matter of Mortgage Comm, of State of N. Y. [Brooklyn Consol. Realty Corp.— 370 4th Ave.], 255 App. Div. 979, and Matter of Title Guarantee & Trust Co. [7101 Shore Rd.— Shore Towers, Inc.], 258 id. 729.) Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

260 A.D. 1042, 24 N.Y.S.2d 343, 1940 N.Y. App. Div. LEXIS 5990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mortgage-corp-v-penzance-holding-co-nyappdiv-1940.

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