Appellate Division of the Supreme Court of the State of New York March 3, 1920 (Smart v. East Side Club)

John M. Kellogg, P. J.:

Caroline Smart, in her own behalf and of other bondholders, brought an action to foreclose a mortgage against the East Side Club, making such club and the trustee named in the mortgage defendants. She had previously served notice upon the trustee requiring him to foreclose the mortgage, and he had omitted so to do.