Frank Smith Associates v. Tucker

This is an appeal from the denial of the defendant's motion for disbursement of previously ordered payments for use and occupancy held by the court clerk. The plaintiff is a duly appointed receiver of rents for the defendant's property in a separate foreclosure proceeding. The plaintiff brought an action in summary process to evict the defendant from his apartment for nonpayment of rent. The court ordered payments for use and occupancy to be made by the defendant during the pendency of the action, thereby creating a fund held by the court. The rent receivership was subsequently terminated,…