257 A.D. 933 | N.Y. App. Div. | 1939
The opinion of this court (In the Matter of the Liquidation of New York Title and Mortgage Company; In the Matter of Plan for Reorganization of Series C-2; In the Matter of Plan for Reorganization of Series F-1; In the Matter of Plan for Reorganization of Series B-K, decided May 5, 1939; Matter of New York Title & Mortgage Co., 257 App. Div. 19) indicated that the value of the mortgages securing the certificate holders must be fixed before the question of settlement could properly be passed upon by the court. The orders heretofore entered carry out the direction for such valuation and by reason of a provision in the order of Special Term, which was not modified by this court, the final disposition
The motion to resettle the order should be denied,
Present ■ — ■ O’Malley, Townley, Dore and Callahan, JJ,
Motion denied.