Dime Savings Bank of New York, FSB v. Montague Street Realty Associates

—In a mortgage foreclosure action, in which the receiver moved to compel European American Bank, a nonparty tenant, to at-torn for rents due, the European American Savings Bank appeals from a judgment of the Supreme Court, Kings County (Yoswein, J.), entered June 27, 1995, which is in favor of the receiver and against it in the principal sum of $160,000. The notice of appeal from an order of the same court entered June 1, 1995, is deemed a premature notice of appeal from the judgment.

Ordered that the judgment is affirmed, with costs.

In 1982, the appellant, European American Bank (hereinafter…