Legal Opinion
Thomas v. Manning
New York Supreme Court
Decided May 12, 1932Published
1Opinion of the CourtWitschief, J.
The tenant refuses to pay any one until it is determined who is entitled to the rent which is owing.
*626The receiver is entitled to all rents unpaid at the date of his appointment. (Rider v. Vrooman, 12 Hun, 299; New Way Bldg. Co., Inc., v. Taft Bldg. Corp., 129 Misc. 170; Palmieri v. N. Y. Prep. School, 232 App. Div. 848.)
The mortgagor on or about October 1, 1931, assigned all due and future rents to the defendant Conlin Coal & Building Supply Co., Inc., which spent money in the improvement of the property upon the strength of the assignment of rents.
The position of the defendant Conlin Coal &…
2Cases cited4 opinions
- Donlon & Miller Manuf'g Co. v. CannellaNew York Supreme Court · 1895
- New Way Building Co.v. Mortimer Taft Building Corp.New York Supreme Court · 1927
- Wiggins v. FreemanAppellate Division of the Supreme Court of the State of New York · 1916
- Palmieri v. New York Preparatory SchoolAppellate Division of the Supreme Court of the State of New York · 1931