Opinion
June 28, 1943.
From an order dated May 19, 1943, approving certain offers to purchase the trust estates of two issues of certificated mortgages, appellant (an unsuccessful bidder) appeals. Order affirmed, without costs. On the facts of this case, both as a matter of law and in the exercise of discretion, the Special Term was justified in refusing appellant's belated offer for the two parcels together, even though such offer was for a somewhat higher sum than the total of the accepted offers for the parcels separately. Appeal from order dated May 26, 1943, denying appellant's application for leave to intervene [ 180 Misc. 367], dismissed, without costs, on the ground that as an unsuccessful bidder appellant had subjected itself to the jurisdiction of the court and had a right to appeal. Close, P.J., Hagarty, Carswell, Johnston and Adel, JJ., concur.