New York Supreme Court, 1935

In re People

In re People
New York Supreme Court · Decided March 5, 1935 · Frankenthaler
154 Misc. 864; 278 N.Y.S. 939; 1935 N.Y. Misc. LEXIS 1103

Counsel

Harry Rodwin [Adolph Kaufman of counsel], for the Superintendent of Insurance., A. N. Getter, for the promulgating certificate holders., Root, Clark, Buckner & Ballantine [Edward J. Carrington of counsel], for the Bank of Manhattan Company.

In re People

Opinion of the Court

Frankenthaler, J.

This is a Schackno proceeding for the reorganization of series N-83 of guaranteed mortgage certificates issued by the New York Title and Mortgage Company. The certificates represent a participating interest in a single first mortgage on property at the southwest corner of Lexington avenue and Thirty-second street, New York city. There are 230 certificates outstanding in the aggregate principal sum of $629,100. In addition the title company has an interest of $4,900 in the mortgage. The proposed plan for the appointment of a specified trustee will be modified so as to make it identical with the plan approved by *865the court in connection with series BX-19 (154 Misc. 447). The provision for the appointment of a specified trustee will be eliminated, and the certificate holders permitted to elect a trustee or express a preference, if they so desire, for the appointment of a trustee by the court. Settle order and plan on three days’ notice.

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