Legal Opinion
CFSC Capital Corp. XXVII v. W. J. Bachman Mechanical Sheet Metal Co.
New York Supreme Court
Decided June 29, 1998PublishedCited by 3 opinions
1Opinion of the Court
*653OPINION OF THE COURT
Robert Roberto, Jr., J.
Plaintiffs motion for relief pursuant to RPAPL 1325 (2) is decided as follows:
This is an application by the plaintiff in a pending mortgage foreclosure action for an order directing the receiver previously appointed by this court to apply $3,000,000 and future rents received to accrued mortgage interest pursuant to RPAPL 1325 (2). The motion is opposed by the main defendants and by the receiver.
As a general proposition distribution of the money held in a receiver’s account occurs at the conclusion of the receivership. The statute provides for an…
2Cases cited6 opinions
- Ripple's of Clearview, Inc. v. Le Havre AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
- Orange & Rockland Utilities, Inc. v. Amerada Hess Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Kaplan v. 2108-2116 Walton Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Lattanzi v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- East New York Savings Bank v. 520 West 50th Street, Inc.New York Supreme Court · 1994
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3Cited by3 opinions
- 1074372 Ontario, Inc. v. 200 Corbin Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- CWCapital Asset Management, LLC v. Great Neck Towers, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- CWCapital Asset Management, LLC v. Great Neck Towers, LLCAppellate Division of the Supreme Court of the State of New York · 2012