Prudence Co. v. 160 West Seventy-third Street Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtFinch, P. J.
The question presented by this appeal affects the rights of owners of co-operative apartments during the institution and pendency of a foreclosure suit by a prior mortgagee and the appointment of a receiver in such suit. Prior to a sale in foreclosure, is the liability of such owner measured only by his agreement with the owner of the premises in the absence of fraud, or must he pay a rental to be measured by the reasonable value for use and occupation of the space occupied from the time of the appointment of the receiver?
The appellants are twelve co-operative apartment owners in an apartment…
2Cases cited7 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Mitchell v. . BartlettNew York Court of Appeals · 1873
- Klasko Finance Corp. v. Belleaire Hotel Corp.New York Court of Appeals · 1931
- Whalin v. . WhiteNew York Court of Appeals · 1862
- Mason v. LenderothAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by10 opinions
- Sears, Roebuck & Co. v. 9 Avenue-31 Street Corp.New York Court of Appeals · 1937
- Markantonis v. Madlan Realty Corp.New York Court of Appeals · 1933
- De Santis v. White Rose AssociatesNew York Supreme Court · 1991
- Bank of Manhattan Trust Co. v. Twenty-one Sixty-six Broadway Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Semaria v. SemariaNew York Family Court · 1943
5 more not listed; retrieve them via the Exa API.