Opinion
October 15, 1943.
Present — Martin, P.J., Glennon, Untermyer, Cohn and Callahan, JJ. [ 180 Misc. 642.]
Order unanimously reversed, with twenty dollars costs and disbursements to the appellant, and the matter remitted to the Special Term to send to an Official Referee to determine the surplus earnings attributable to so much of the premises as is covered by the petitioner's mortgage. No opinion. Settle order on notice.