Legal Opinion
Greenwich Savings Bank v. Silverman
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 1912Published
Appeal from Special Term, New York County. . Action by the Greenwich Savings Bank against Louis Silverman and others. From an order directing defendant Max Schleimer to pay rent, he appeals. Reversed, and motion denied.
1Per curiam
A receiver of the rents and profits of mortgaged premises ca'nnot resort to contempt proceedings to compel tenants of the owner to pay rent. American Mortgage Co. v. Sire, 103 App. Div. 396, 92 N. Y. Supp. 1082; Guerrier v. Coleman, 135 App. Div. 46, 119 N. Y. Supp. 895.
As the order appealed from can serve no purpose, except to lay the foundation for contempt proceedings, it is reversed, with $10 costs and disbursements, and the motion is denied, with $10 costs.
2Cases cited3 opinions
- American Mortgage Co. v. SireAppellate Division of the Supreme Court of the State of New York · 1905
- Guerrier v. ColemanAppellate Division of the Supreme Court of the State of New York · 1909
- American Mortgage Co. v. SireAppellate Division of the Supreme Court of the State of New York · 1905