Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In re Franklin Garden Apartments Inc.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


: December 23, 1941.

IN RE FRANKLIN GARDEN APARTMENTS, INC. CRYSTAL
v.
GREEN POINT SAV. BANK.

Supplemental Memorandum.

Per Curiam.

Since handing down our opinion in the above suit we have been informed by counsel (1) that the mechanics' liens were all for work subsequent to the date of the mortgage and so far as valid are all subordinate in lien thereto, (2) that there is no longer any dispute by the appellee, Green Point Savings Bank, as to the application of the rents to the extent allowed by the order of the court below (which application we are told has already been made in completing and equipping the unrented apartments. In other words, this question as to applying the rentals in that way is now moot. We see no reason for allowing the expenses of administration out of the rentals. A plan of reorganization has been approved since this appeal was argued and we are informed that no use of the rentals for expenses of administration is now needed or contemplated.

In view of the foregoing the direction to the court below should be as follows: "The order is modified so as to eliminate the provision therein for paying the expenses of administration in this proceeding out of the rents. Aside from this the order is affirmed."

Order modified accordingly.

19411223

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.