Schwarz v. Alexander
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Henry F. Schwarz, as trustee, and by the defendant Samuel Silk, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New' York on the 24th day of April, 1917, resettling a prior order and directing a receiver of the rents and profits in a foreclosure action to pay over certain rents to a tenant and refusing to allow the tenant to attorn to the receiver and collect and…
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Cross-appeals by the plaintiff, Henry F. Schwarz, as trustee, and by the defendant Samuel Silk, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New' York on the 24th day of April, 1917, resettling a prior order and directing a receiver of the rents and profits in a foreclosure action to pay over certain rents to a tenant and refusing to allow the tenant to attorn to the receiver and collect and receive rents from the subtenants.
1Opinion of the Court
Page, J.:
The mortgage to foreclose which this suit was brought contained the following clause:
“ Fourth. That the holder of this mortgage, in any action to foreclose it, shall be entitled, without notice and without regard to the adequacy of any security for . the debt, to the appointment of a receiver of the rents and profits of said premises; and said rents and profits are hereby, in the event of any default or defaults in paying said principal or interest, assigned to the holder of this mortgage as further security for the payment of said indebtedness.”
The mortgage was recorded on the 29th…
2Cases cited2 opinions
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
- Jarmulowsky v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Bank of Tokyo Trust Co. v. Urban Food Malls Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- Central Savings Bank v. Chatham Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- New York Life Insurance v. Fulton Development Corp.Appellate Division of the Supreme Court of the State of New York · 1934