IN RE FRANKLIN GARDEN APARTMENTS

No. 79.

124 F.2d 451 (1941)

In re FRANKLIN GARDEN APARTMENTS, Inc. CRYSTAL v. GREEN POINT SAV. BANK.

Circuit Court of Appeals, Second Circuit.

Supplemental Memorandum December 23, 1941.


Attorney(s) appearing for the Case

Louis J. Castellano, of Brooklyn, N. Y. (Samuel C. Duberstein and William Himlyn, both of Brooklyn, N. Y., of counsel), for Green Point Savings Bank, mortgagee-appellant.

Zalkin & Cohen, of New York City (Harry Zalkin and Theodore B. Wolf, both of New York City, of counsel), for Sidney Crystal, trustee-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

Franklin Garden Apartments, Inc. (the debtor), on February 5, 1941, filed a voluntary petition for reorganization under Chapter X of the Bankruptcy Act, 11 U.S. C.A. § 501 et seq. This petition was approved by the court and Sidney Crystal was appointed trustee. The debtor was engaged in the business of owning and operating real property and improvements thereon and was the owner of a plot in Richmond Hill, Queens County, Long...

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