New Way Building Co.v. Mortimer Taft Building Corp.

In this action to foreclose a mortgage a receiver of the rents was appointed. He moved to compel one of the tenants to pay the reasonable rental of the premises occupied for the period since the appointment of the receiver. The tenant is a party to the action, has been served with the summons and complaint, and is in default. The complaint alleges that the defendant’s interest, if any, is subordinate to the mortgage in question. The tenant claims that no order fixing the amount of the reasonable rental may be made and that the receiver’s sole remedy is either to dispossess or sue for the…