Kaufman v. Eisenberg

Martin, J.:

On or about April 1, 1921, Eisenberg Realty Corporation, a defendant herein, became the owner of the building and premises No. 450 Audubon avenue, borough of Manhattan, city of New York.

This action was begun August 2, 1922, to foreclose a second mortgage on said premises and on the same day a receiver was appointed “ for the benefit of the plaintiffs ” of the rents and profits of the premises, pursuant to a clause in the mortgage providing for the appointment of such receiver.

The action proceeded to judgment and the premises were sold, realizing a surplus of $23,247.79. Surplus…