Derby v. Brandt
Appellate Division of the Supreme Court of the State of New York
Appeal by the St. Paul Hotel Company 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 29th day of September, 1904, directing the said company to surrender possession of certain mortgaged premises or to pay occupation rental to the respondent, theretofore appointed in the above-entitled action receiver of such mortgaged premises.
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Appeal by the St. Paul Hotel Company 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 29th day of September, 1904, directing the said company to surrender possession of certain mortgaged premises or to pay occupation rental to the respondent, theretofore appointed in the above-entitled action receiver of such mortgaged premises. This action was brought to foreclose a mortgage upon property on the southeast corner of Sixtieth street and Columbus avenue, a portion whereof is occupied by the St. Paul…
1Opinion of the Court
O’Brien, J.:
It is not contended that the amount fixed as occupation rental was excessive, but the question upon this appeal is whether the hotel company, claiming an offset against the landlords, could thus defeat the receiver’s application to compel the company to pay him an occupation rental.
Thé answer to this question necessarily turns upon another which is at the foundation of the various contentions, and that is as to whether the receiver stands in the shoes of the landlord, having no other or greater rights as against the tenant. This, in view of our decision in Fletcher v. McKeon (71…
2Cases cited1 opinion
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by12 opinions
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- Monro-King & Gremmels Realty Corp. v. 9 Avenue-31 Street Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- New Way Building Co.v. Mortimer Taft Building Corp.New York Supreme Court · 1927
- Sager v. Rebdor Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1930
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