Jarmulowsky v. Rosenbloom
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry I. Jacobs, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 27th day of January, 1908, appointing a receiver of the rents and profits in an action for the foreclosure of a mortgage, and also from an order entered in said clerk’s office on the 7th day of February, 1908, denying said defendant’s motion to vacate said first above-mentioned order.
1Opinion of the Court
Clarke, J.:
This is an action brought to foreclose a mortgage on real estate. The order appointing a receiver pendente lite of the rents and profits of the property covered by the mortgage was made expcvrte.
The mortgage contained the following clause: “ That the holder of this mortgage in any action to foreclose it shall be entitled, with*543out 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, installment or…
2Cases cited5 opinions
- Colwell v. Garfield National BankNew York Court of Appeals · 1890
- Dazian v. MeyerAppellate Division of the Supreme Court of the State of New York · 1901
- Eidlitz v. LancasterAppellate Division of the Supreme Court of the State of New York · 1899
- Fletcher v. KruppAppellate Division of the Supreme Court of the State of New York · 1898
- Woerishoffer v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by9 opinions
- W. I. M. Corp. v. CipuloAppellate Division of the Supreme Court of the State of New York · 1926
- Hawkins v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1913
- Friedman v. Gerax Realty AssociatesNew York Supreme Court · 1979
- Schwarz v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1917
- Brooklyn Empire Construction Co. v. Cinak Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1929
4 more not listed; retrieve them via the Exa API.