Legal Opinion
Dollar Savings Bank v. Sunnybrook Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 1947Published
1Opinion of the CourtPeck, P. J.
Plaintiff holds a mortgage on an apartment house owned by defendant Improved Real Estate Corporation. The mortgage provides for an assignment of rents to the mortgagee, upon default, and for the appointment of a receiver to collect rents in a foreclosure action. On March 17, 1947, the owner leased the entire premises for a term of three years and two and one-half months to defendant Sunnybrook Associates, Inc., at an annual rental of $50,400, payable in quarterly installments in advance, against an annual rent roll of about $90,000 and annual fixed charges of about $37,000, arising from the…
2Cases cited8 opinions
- Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
- Holmes v. GravenhorstNew York Court of Appeals · 1933
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
- Bank of Manhattan Trust Co. v. 571 Park Avenue Corp.New York Court of Appeals · 1933
- Wiggins v. FreemanAppellate Division of the Supreme Court of the State of New York · 1916
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