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Chemical Bank & Trust Company, Successor to United States Mortgage and Trust Company, Mortgagee for the Benefit of the Holders of the Participation Certificates Secured by a First Mortgage, Dated as of the 25th day of November, 1925, Executed and Delivered by Fifth Avenue and Twenty-Eighth Street Realty Co., Inc. v. Fifth Avenue and Twenty-Eighth Street Realty Co., Inc., and Others, Impleaded with 245 Fifth Avenue Building, Inc.
Order affirmed, with twenty dollars costs and disbursements. (See New York Title & Mortgage Co. v. Polk Arms, Inc., 262 N. Y. 21, opinion by Pound, Ch. J.) Present—Martin, Merrell, O’Malley, Sherman and Townley, JJ.