Greenwich Savirgs Bank v. Silverman
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered on the 9th day of October, 1912, directing appellant to pay rent to receiver in an action to foreclose a mortgage.
1Per curiam
A receiver of the rents and profits of mortgaged premises cannot resold to contempt proceedings to compel tenants of the owner to pay rent. (American Mortgage Company v. Sire, 103 App. Div. 396; Guerrier v. Coleman, 135 id. 46.) As the order appealed from can serve no purpose except to lay the foundation for contempt proceedings, it is reversed, with ten dollars costs and disbursements, and the motion is denied, with ten dollars costs. Present — Ingraham, P. J., Clarke, Scott, Miller and Dowling, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars…
2Cases cited1 opinion
- American Mortgage Co. v. SireAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Broadview Traders, Inc. v. Ramdee Realty Corp.New York Supreme Court · 1928