Appellate Division of the Supreme Court of New York, 1941

In re Dollar Savings Bank

In re Dollar Savings Bank
Appellate Division of the Supreme Court of New York · Decided May 2, 1941
262 A.D. 707; 27 N.Y.S.2d 284; 1941 N.Y. App. Div. LEXIS 5476
In re Dollar Savings Bank

Opinion of the Court

The interest paid on the second mortgage, a bona fide junior mortgage executed prior to July 1, *7081932, and not shown to be invalid, was a proper charge and deductible from the income of the mortgaged property in this proceeding instituted under Civil Practice Act, section 1077-e. (Matter of Ebling Brewing Co., Inc., v. Bubel Corp., 260 App. Div. 744.) Order appealed from unanimously modified accordingly, and as so modified affirmed. Settle order on notice. Present — Martin, P. J., O’Malley, Townley and Dore, JJ.

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