Olive v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by David J. Katz and others from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 11th day of February, 1922, directing the tenants to attorn to the receiver and requiring them to pay rent to said receiver at the rate fixed in said order.
1Per curiam
The mortgage in suit was recorded prior to the execution of the lease and agreements under which the appellants occupy. They are parties to the action. A receiver of the mortgaged premises having been appointed, regardless of any agreement previously made by the landlord, the receiver was entitled to receive and the occupants required to pay the reasonable value of the use and occupation. Even if the tenants had paid the stipulated rent in advance they would be required to pay the receiver for the use and occupation of the premises. (Fletcher v. McKeon, 71 App. Div. 278; Derby v. Brandt, 99…
2Cases cited4 opinions
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
- Henry v. HirschAppellate Division of the Supreme Court of the State of New York · 1910
- Baerlein v. WinterAppellate Terms of the Supreme Court of New York · 1918
- Isaacs v. GreenbergAppellate Terms of the Supreme Court of New York · 1914
3Cited by9 opinions
- Monro-King & Gremmels Realty Corp. v. 9 Avenue-31 Street Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Mesiavech v. NewmanNew Jersey Court of Chancery · 1936
- Sager v. Rebdor Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Fleischer v. TerkerAppellate Division of the Supreme Court of the State of New York · 1931
- McCurdy v. LevyAppellate Division of the Supreme Court of the State of New York · 1922
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