Appellate Division of the Supreme Court of the State of New York December 30, 1932 (Schenectady Savings Bank v. Wertheim)

Hill, J.

The appellant savings bank, the plaintiff in this action brought to foreclose a mortgage which purports to be a hen upon a city lot occupied by a two-apartment dwelling house, has appealed from a judgment determining that its mortgage is subordinate to a life use by respondent Elsie S. Wellman of the upper flat of the dwelling.