BOWERY SAV. BANK v. 566 AMSTERDAM AV.


32 Misc.2d 459 (1961)

Bowery Savings Bank, Plaintiff, v. 566 Amsterdam Avenue Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

November 17, 1961


Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Henry Allen Mark and Ian R. MacLeod of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General, for State of New York. Eugene A. Tomei for Harry Gross and another, defendants. Thomas B. Dyett, receiver in person.


CHARLES A. LORETO, J.

In this mortgage foreclosure action, the receiver moves to settle his account, for a fixation of his commissions and an extra allowance, and for a direction requiring the plaintiff to pay a deficit in his account, in addition to commissions and allowances, or, in the alternative, that they be made a first charge upon the surplus money in the hands of the Referee. The Referee's report of sale shows a surplus resulted from the sale...

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