MRS Realty Co. v. Higbee

OPINION OF THE COURT

David B. Saxe, J.

Mr. Higbee, the defendant, has apparently been collecting rent from various tenants in his apartment building who are dissatisfied with services and security that have been provided by the plaintiff landlord who has applied for a preliminary injunction seeking to prevent him from collecting and retaining these rents.

The plaintiff contends that a preliminary injunction should be granted because no lawful basis exists for the collection and retention of rents by Higbee and further that the only legal method by which a receiver may be appointed for the…