Opinion
January 19, 1993
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The proceeds of the mortgage were received by an officer of the defendant corporation and used primarily to replenish the corporate account and pay corporate debts; such being the case, the defendant corporation must repay plaintiff (see, Manufacturers Hanover Trust Co. v. Sumande Shipping Corp., 48 A.D.2d 775, affd 39 N.Y.2d 860).
Concur — Carro, J.P., Milonas, Rosenberger, Ross and Rubin, JJ.