Legal Opinion · Dissent

Carlin Trading Corp. v. Bennett

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1965Published

1Dissent

Eager, J. (dissenting).

I would affirm the order herein which directs the Sheriff, on nonpayment of rent, to remove and evict the owner from the mortgaged premises. Heretofore, and by order of the court rendered on August 4, 1964, a receiver of the rents and profits of the mortgaged premises was duly appointed and has duly qualified. This order directed that the defendant owner attorn to the receiver and pay to him, as receiver, the sum of $150 per month for her use and occupancy of that portion of the premises occupied by her. This order was not appealed from and became ££ Law of the Case ”.…

2Cases cited4 opinions

  1. Bannon v. BannonNew York Court of Appeals · 1936
  2. Holmes v. GravenhorstNew York Court of Appeals · 1933
  3. Smith v. . GoldsboroughNew York Court of Appeals · 1923
  4. Title Guarantee & Trust Co. v. Feldon Realty Corp.New York Supreme Court · 1933

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