Opinion
December 29, 1942.
Appeal from order requiring appellant to make available to the petitioner and the court for inspection all records and data pertaining to the income and disbursements of certain mortgaged premises, "for the year 1941, and for the first four months of 1942." The order is dated April 4, 1942, the petition was verified and the notice of motion dated on March 10th, and service upon appellant was made on the following day. This examination is preliminary to a foreclosure of the mortgage or, in the alternative, payment by the mortgagor to the mortgagee of any surplus received in the operation of the mortgaged premises for six months immediately prior to the application under section 1077-c, Civil Practice Act, as it existed prior to the amendment. (L. 1942, ch. 790.) The examination should be limited to the period during which the surplus may be taken and to the interim before the date of the inspection. ( Matter of Title G. F. Co. v. Foxvale Realty Corp., 287 N.Y. 147.) The order is modified on the law and facts to apply to records and data concerning the period for six months prior to March 10, 1942, and until the date of the inspection. The order is further modified in all its particulars so as to be limited to a six months' period immediately prior to the date of the petition, with ten dollars costs and disbursements to appellant. Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.