New York Supreme Court, 1934

In re People

In re People
New York Supreme Court · Decided May 24, 1934 · Frankenthaler
151 Misc. 698; 273 N.Y.S. 497; 1934 N.Y. Misc. LEXIS 1500

Counsel

Arthur Harrison, for the petitioner and Municipal Committee for the Relief of Home Owners., Harry Rodwin, for the Superintendent of Insurance.

In re People

Opinion of the Court

Frankenthaler, J.

This court is without authority to direct the Superintendent of Insurance, upon the application of the owner of the equity, to exchange bonds and mortgages upon the owner’s property for bonds of the Home Owners’ Loan Corporation. The question of whether or not to make the exchange is one left to the discretion and judgment of the Superintendent of Insurance as an administrative official of the State. It may be that the court may interfere in a proper case, upon the application of a mortgagee or certificate holder, but there appears to be no legal justification for its doing so at the instance of the owner of the equity. The motion is accordingly denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.