Legal Opinion

Klasko Finance Corp. v. Belleaire Hotel Corp.

New York Court of Appeals

Decided July 15, 1931PublishedCited by 16 opinions

1Opinion of the Court

Cardozo, Ch. J.

In an action to foreclose a mortgage an order was made on December 1, 1930, for the appointment of a receiver of the rents and profits.

The building covered by the mortgage was a hotel in the city of New York. Part of the hotel was leased after the execution of the mortgage to the “ 10 East 60th Street Restaurant Corporation ” at what was in effect a nominal rental. Both the landlord and the tenant are parties to the action.

The receiver made demand upon the tenant for the payment of the value of the use and occupation. The demand being refused, he submitted a petition to the…

2Cases cited7 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
  3. Parker v. BrowningNew York Court of Chancery · 1840
  4. Foster v. . TownshendNew York Court of Appeals · 1877
  5. People v. . American Loan Trust Co.New York Court of Appeals · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
  2. Copeland v. SalomonNew York Court of Appeals · 1982
  3. Geary v. GearyNew York Court of Appeals · 1936
  4. Sears, Roebuck & Co. v. 9 Avenue-31 Street Corp.New York Court of Appeals · 1937
  5. Markantonis v. Madlan Realty Corp.New York Court of Appeals · 1933

11 more not listed; retrieve them via the Exa API.

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