New York Supreme Court, 1937

In re the Liquidation of Lawyers Title & Guaranty Co.

New York Supreme Court · Decided November 5, 1937 · Frankenthaler

169 Misc. 266; 7 N.Y.S.2d 354; 1937 N.Y. Misc. LEXIS 1224

Counsel

Leon London, for Stewart Forshay, as trustee, for the motion., Herman Berniker, for the liquidator of the Lawyers Title and Guaranty Company, opposed., Maurice Finkelsiein, for the Mortgage Commission of the State of New York.

Opinion of the Court

Frankenthaler, J.

Motion for an adjudication that the interest of the title company, except as to $75.01 thereof, is subordinate to that of certificate holders is granted. (Matter of Lawyers Title & Guaranty Co., 164 Misc. 292.) The language of the Court of Appeals in Title Guarantee & Trust Co. v. Mortgage Commission (273 N. Y. 415), relied upon in the opposing affidavit, had reference to the particular situation there before the court. No question as to the proper interpretation of the wording of the certificates here involved was there presented for consideration. The motion is granted. Settle order.

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