East River Savings Bank v. Giangrasso

Order denying plaintiff’s motion to strike the answer of the *598defendant Dugan, as receiver, unanimously reversed on the law, and plaintiff’s motion granted, without costs. In this action to foreclose a mortgage on real property, the lien of the mortgage is prior to the lien of the judgment of the defendant President and Directors of the Manhattan Company. The judgment debtor of said defendant was the owner of the property when the defendant Dugan was appointed receiver thereof in proceedings supplementary to said judgment. Plaintiff was not a party to the action or proceedings resulting in the…