Opinion
May 1, 1936.
Appeal from Supreme Court of New York County.
Charles Abrams of counsel [ Samuel L. Scholer with him on the brief; Natanson, Pack Abrams, attorneys], for the appellant.
William Jasie of counsel [ Marry M. Markson with him on the brief; Jasie Jasie, attorneys], for the respondents.
Present — MARTIN, P.J., McAVOY, O'MALLEY, UNTERMYER and DORE, JJ.
The court did not appoint a referee to compute, but did appoint a referee to report on an issue of fact, viz., whether plaintiffs or William Jasie, their agent, after paying all charges as provided for in the agreement and assignment of rents, of August 1, 1933, did not, on or about April 18, 1935, have sufficient money left to pay plaintiffs the interest then due them on the bond and mortgage under foreclosure. This was not authorized. The order, so far as appealed from, should be reversed, with twenty dollars costs and disbursements, and the motion of the plaintiffs for summary judgment denied.
Order so far as appealed from unanimously reversed, with twenty dollars costs and disbursements, and the motion of plaintiffs for summary judgment denied.