Straus v. Minkowski
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wanda Minkowski, from an order, of the County Court of Kings county, entered in the office of the clerk of said county on the 3d day of October, 1917, as resettled by an order entered in said clerk’s office on the 12th day of November, 1917, denying said defendant’s motion to vacate an order appointing a receiver herein.
1Opinion of the Court
Jenks, P. J.:
In this foreclosure suit the plaintiff obtained an order for a receiver pendente lite. The owner of the premises appeared specially to move to vacate the order.
The clause in the mortgage pertinent to a receiver did not dispense with notice of the application. The plaintiff neither had served his pleadings upon the owner of the premises, nor had he obtained an order for publication. The letter written by plaintiff’s attorney to Mr. Leslie, an attorney, was not equivalent to notice of the application, because the *878authority of Mr. Leslie to receive notice was not established, and in…
2Cases cited3 opinions
- Jarmulowsky v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 1908
- Fletcher v. KruppAppellate Division of the Supreme Court of the State of New York · 1898
- Sullivan v. RossonAppellate Division of the Supreme Court of the State of New York · 1915