Legal Opinion

RTC Mortgage Trust 1995-S/N1 v. Polmar Realty, Inc.

District Court, S.D. New York

Decided November 22, 1996No. 91 Civ. 6685 (SAS)Published

1Opinion of the Court

OPINION AND ORDER

SCHEINDLIN, District Judge.

Martin Tener (“Tener” or “Receiver”), as receiver of the subject premises located at 303-309 Tenth Avenue (the “Premises”), has moved this Court to compel Henry Kliot (“Kliot”), a subtenant and sublessor of a portion of the Premises, to turn over rents received during the period May 1992 through April 1996. For the reasons set forth below, Receiver’s application for attornment is denied in its entirety.

I. Factual Background

In 1991, an action was brought to foreclose a consolidated mortgage in the principal sum of $3,950,000, secured by five…

2Cases cited6 opinions

  1. Campaign for Fiscal Equity v. StateNew York Supreme Court · 2001
  2. Pepsi-Cola Metropolitan Bottling Co. v. MillerCivil Court of the City of New York · 1966
  3. New York City Community Preservation Corp. v. Michelin AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
  4. Eastern Savings Bank v. Epco Newport News Associates (In Re Epco Newport News Associates)United States Bankruptcy Court, S.D. New York · 1981
  5. Harris Investing Corp. v. Sil-Gold Corp.New York Supreme Court · 1962

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