Dime Savings Bank of Brooklyn v. Altman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLazansky, P. J.
In this action to foreclose a mortgage, defendant-owner of the premises was permitted to plead a counterclaim for damages for trespass by the mortgagee. The mortgage contained the commonly used provision: “ That the holder of this mortgage, in any action to foreclose it, shall be entitled (without notice and without regard to the adequacy of any security for the debt), to the appointment of a receiver of the rents and profits of said premises; and in the event of any default in paying said principal or interest, such rents and profits are hereby assigned to the holder of this mortgage as…
2Cases cited6 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Sullivan v. . RossonNew York Court of Appeals · 1918
- In re BannerDistrict Court, S.D. New York · 1907
- Herrmann v. . Cabinet Land Co.New York Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Federal Home Loan Mortgage Corp. v. Dutch Lane AssociatesDistrict Court, S.D. New York · 1991
- Dime Savings Bank of Brooklyn v. AltmanNew York Court of Appeals · 1937
- Ivor B. Clark Co. v. HoganDistrict Court, S.D. New York · 1968
- Chemical Bank v. BuxbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Gomez v. BobkerAppellate Division of the Supreme Court of the State of New York · 1986
6 more not listed; retrieve them via the Exa API.