MATTER OF PEOPLE (BOND & MTGE. GUAR. CO.)


303 N.Y. 423 (1952)

In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance of the State of New York, for an Order to Take Possession of the Property of and Rehabilitate The Bond and Mortgage Guarantee Company. In the Matter of the Plan of Readjustment of the Rights of the Holders of Investments in a Mortgage Covering Premises Known as Half Moon Hotel, Coney Island, Brooklyn, Guaranteed by Bond and Mortgage Guarantee Company. (Guarantee No. 186,039.) Jack L. Alpert et al., Appellants and Respondents; Walter McMeekan, as Trustee, et al., Respondents and Appellants.

Court of Appeals of the State of New York.

Decided January 24, 1952


Attorney(s) appearing for the Case

Leo E. Sherman, William I. Alpert and Abraham Alpert for appellants and respondents.

Charles H. Tuttle and Lewis L. Fawcett for respondents and appellants.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.


FROESSEL, J.

This proceeding was initiated in July, 1948, by application of a so-called Schackno Act trustee (L. 1933, ch. 745) for an order (a) settling his final account; (b) granting an allowance to him and his attorneys, and (c) granting other related relief. The trustee was appointed in 1935 for the benefit of holders of first mortgage certificates on the Half Moon Hotel in Coney Island, and he operated the...

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