Citizens Savings Bank v. Lo Cicero

Plaintiff instituted this action to foreclose a mortgage in May, 1940. The respondents, owners of the mortgaged premises, made a motion on July first following for the dismissal of the complaint pursuant to section 1077-e of the Civil Practice Act on payment of interest and costs, and asked that plaintiff surrender possession of the property. Plaintiff did not oppose that branch of the motion which asked for a dismissal of the action but asserted its right to retain possession of the premises under the terms of an assignment of rents and a collateral agreement entered into between the parties…