Lincoln Savings Bank v. Cluster Holding Corp.

This is an application by the receiver of rents in a foreclosure action for an order compelling tenants to attorn. This relief is sought against a lessee, said to be out of possession, against a sublessee, also said to be out of possession, and against a subtenant who paid its rent in advance to the landlord prior to the appointment of the receiver.

The property involved is a large plot comprising the southwest corner of West Mt. Eden Avenue and Inwood Avenue in Bronx County. The property is improved with a motion picture theatre and stores. The plaintiff, a savings bank, is foreclosing a…