June 5, 1936. Charles Diringer, for the motion. Harry Lefkowitz, opposed. KADIEN, J. This is an application made on behalf of a mortgagee pursuant to section 1077-c of the Civil Practice Act to compel the owner of the equity to pay to the petitioner the surplus produced by the mortgaged premises. It appears that the property consists of a gasoline service station owned and operated by the owner of the fee. This court referred the matter to an official referee to take proof and report as to the reasonable