Opinion
May 2, 1941.
Present — Martin, P.J., O'Malley, Townley and Dore, JJ.
The interest paid on the second mortgage, a bona fide junior mortgage executed prior to July 1, 1932, and not shown to be invalid, was a proper charge and deductible from the income of the mortgaged property in this proceeding instituted under Civil Practice Act, section 1077-c. ( Matter of Ebling Brewing Co., Inc., v. Rubel Corp., 260 App. Div. 744. ) Order appealed from unanimously modified accordingly, and as so modified affirmed. Settle order on notice.