Citation Codes Equivalent Citations citation codes Attorney(S) Abraham J. Halprin, for the Maurice Finkelstein, for the State Mortgage Commission, for the J. Donald Whelehan, for the Superintendent of Insurance of the State of New York, See more information ... Smart Summary Please sign up to generate summary. In the Matter of BOND AND MORTGAGE GUARANTEE COMPANY (223 Second Ave.). Affd., without opinion, 255 A.D. 765. FRANKENTHALER, J. The certificates contain no provision to the effect that the guarantee company (as distinguished from the title company) shall have the right to hold certificates for its own account or that such certificates are to share equally with certificates held by others. The "presumption" is that the holdings of the guarantee company are subordinate to those of other certificate holders. ( Matter of Title Mortgage Guaranty Co., 275 N.Y. 347, at p. 355.) As there is nothing to rebut this presumption, the motion is granted. Settle order.