Madison Trust Co. v. Axt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Madison Trust Company (Van Norden Trust 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 19th day of May, 1911, directing that the rents collected by a receiver in foreclosure be disbursed for repairs.
1Opinion of the Court
Clarke, J.:
This action was brought by the plaintiff to foreclose a third mortgage -held by it on certain tenement property known as 4000 Third avenue. Immediately after the action was commenced, and on April 4, 1910, plaintiff made an ex parte application for and obtained, on the ground.of inadequacy of the *122security, a receiver of.the rents, issues and profits of the prem- ■ ises for the benefit of the plaintiff. The receiver was authorized to keep the property insured against loss or damage by fire and in repair and to pay the taxes, assessments and water rates.
On December 12, 1910, judgment…
2Cases cited2 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Ranney v. PeyserNew York Court of Appeals · 1880
3Cited by10 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- New York Life Insurance v. Fulton Development Corp.New York Court of Appeals · 1934
- Abrahams v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1911
- Empire State Collateral Co. v. Bay Realty CorporationDistrict Court, E.D. New York · 1964
- Sullivan v. RossonAppellate Division of the Supreme Court of the State of New York · 1915
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