| N.Y. App. Div. | Jun 24, 1938
Orders unanimously reversed and the matter remitted to the referee to take testimony and report to Special Term concerning the source of the payment on account of the first mortgage. If the funds employed were in part made up of the surplus which accrued during the period from June 1, 1936 to November 30, 1936, it would have a direct bearing on the issues involved upon this application. Settle order on notice. Present — O’Malley, Townley, Glennon, Dore and Cohn, JJ.