Legal Opinion

Metropolitan Life Insurance v. Childs Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1918Published

Appeal by the defendant, Childs Company, from a judgment of the Supreme court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of November, 1917, upon the decision of the court after a trial before the court, a jury having been waived.

1Opinion of the Court

Page, J.:

The facts are fully stated in the opinion in Four Hundred Sixty-one Eighth Avenue Co., Inc., v. Childs Co., decided by this court February first, last (181 App. Div. 742). In that action the grantee of the purchaser at the foreclosure sale sought to recover the rent of the premises for the remaining term of the lease. This action is by the mortgagee in possession, who was also the purchaser at the foreclosure sale, to recover rent for the period after the judgment until it sold the premises. The judgment herein was *231for the full amount of such rent. The rent for the time between the…

2Cases cited2 opinions

  1. Cornwell v. . SanfordNew York Court of Appeals · 1918
  2. Four Hundred Sixty-One Eighth Avenue Co. v. Childs Co.Appellate Division of the Supreme Court of the State of New York · 1918

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