Long Island Bond & Mortgage Guarantee Co. v. Brown

In an action to foreclose a mortgage upon real property, the plaintiff moves (1) to restrain the defendants from damaging or committing waste to the mortgaged premises pending the disposition of the action, and (2) to fix the reasonable rental value of the portion of the premises occupied by the owners of the equity and require them to pay the amount thus fixed so long as they occupy the premises during the pendency of the action.

The owners of the equity have, by their attorney, consented to the restraining order applied for, but resist the remainder of the motion. They contend that the…