O'Brien v. Brody

I am of the opinion that this motion for summary judgment must be denied because I doubt plaintiff’s legal capacity to sue and right to maintain this action, and, obviously, if such be the case, a judgment may not be granted to one who has no legal status to maintain the action.

This action is for rent by plaintiff as a receiver in foreclosure, brought upon the original lease made between the defendants and their immediate landlord, and is predicated upon the theory that plaintiff, as such receiver, succeeds to all the rights of the landlord.

I am unable to accede to this view. A receiver in…