MARINE MIDLAND TRUST v. 40 WALL ST. CORP.


13 A.D.2d 118 (1961)

Marine Midland Trust Company of New York, as Successor Trustee under Indenture of Mortgage, Plaintiff, v. Forty Wall Street Corporation et al., Defendants. (And Two Other Actions.) Webb & Knapp, Inc., et al., Appellants; Forty Wall Street Building, Inc., Appellant-Respondent; Herbert L. Brickman et al., Respondents-Appellants; Winthrop, Stimson, Putnam & Roberts et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 13, 1961.


Attorney(s) appearing for the Case

Allen T. Klots of counsel (Silas M. R. Giddings and William R. Delano with him on the brief; Winthrop, Stimson, Putnam & Roberts, attorneys), for Webb & Knapp, Inc., appellant.

Moses Polakoff of counsel (Herbert L. Brickman, attorney), for Herbert L. Brickman, in person, and others, appellants.

Jacquelin A. Swords of counsel (Cornelius W. Wickersham and George M. Vetter, Jr., with him on the brief; Cadwalader, Wickersham & Taft, attorneys), for Forty Wall Street Building, Inc., appellant-respondent.

David W. Peck of counsel (Sullivan & Cromwell, attorneys), for Kissam & Halpin and another, respondents-appellants.

Charles Trynin of counsel (Irving Steinman with him on the brief; Charles Trynin, attorney), for Norman E. Blankman and others, respondents-appellants.

Samuel Rosenberg, respondent-appellant in person.

Mortimer A. Shapiro of counsel (Aaron Schwartz with him on the brief), for Nemerov & Shapiro, respondent-appellant.

Israel Beckhardt, respondent-appellant in person.

Bernard A. Saslow of counsel (Daniel W. Blumenthal with him on the brief; Lynton & Saslow and Maurice B. & Daniel W. Blumenthal, attorneys), for Paul Benton and others, respondents.

David L. Charal, respondent in person.

STEUER, J., dissents in opinion.


BOTEIN, P. J.

Upon a joint record in this combination of an aborted derivative stockholders' action and a completed Burchill Act reorganization proceeding (Real Property Law, §§ 119-123), ten appeals are taken by various parties, all addressed to the adequacy of allowances to attorneys and appraisers.

The Burchill Act proceeding, to reorganize the subject real property which secured publicly...

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