Dyker Heights Home for Blind Children, Inc. v. Stolitzky

This is an action to foreclose a mortgage upon real property. The respondent was duly appointed receiver of the rents, issues and profits of the mortgaged premises on July 24, 1936, but did not qualify until August 11,1936, before which date he was not *230entitled to collect rents due and unpaid. (Smith v. Nannen, No. 2, 231 App. Div. 236; Brewster v. Brewster Co., 145 id. 812.) The appellant, second mortgagee, under an assignment of the rents from the owner, collected the rent due August 1, 1936, from the tenant Castignetta, but not that due on the same date from the tenant Gordon. Appellant…