New York Building Loan Banking Co. v. Begly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New York Building Loan Banking Company, from an order of the Supreme Court, made at the Kings County Special Term, bearing date the 1.6th day of August, 1902, and entered in the office of the clerk of the county of Kings, denying the plaintiff’s motion for .the appointment of a receiver of the rents and profits of the mortgaged premises during the pendency of the action.
1Opinion of the Court
Woodward, J.:
This is an action for the foreclosure of a second mortgage, and a motion was made by the plaintiff for a receiver of the rents and profits pending the action. This motion was denied, and the plaintiff. appeals to this court.
*309While we might not be disposed to interfere with the order had it granted plaintiff’s motion, we do not think the facts are sufficiently strong to justify this court in overruling the discretion of the court at Special Term. The appointment of a receiver is specially within the equitable jurisdiction of the court, even where, as in the case now before us, the…
2Cases cited4 opinions
- 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
- Brick v. HornbeckNew York Supreme Court · 1897
- Browning v. SireNew York Supreme Court · 1900
3Cited by5 opinions
- W. I. M. Corp. v. CipuloAppellate Division of the Supreme Court of the State of New York · 1926
- Holmes v. GravenhorstAppellate Division of the Supreme Court of the State of New York · 1933
- Mortgage Union of Penn. v. KingCourt of Appeals of Kentucky (pre-1976) · 1932
- Chatham-Phenix National Bank & Trust Co. v. Hotel Park-Central, Inc.New York Supreme Court · 1931
- Sussman v. Lakesite Hotel Corp., New York County Courts1932