Legal Opinion
Empire Trust Co. v. Kermacoe Realty Co.
New York Supreme Court
Decided September 26, 1933PublishedCited by 4 opinions
1Opinion of the CourtFrankenthaler, J.
This motion to compel payment to the moving defendant is granted. (See Sullivan v. Rosson, 223 N. Y. 217.) The assignment of rents, as in the case cited, constituted security for the payment of the mortgage indebtedness. Until the plaintiff actually possessed itself of the rents or obtained them through a receiver appointed upon its application, the rents remained the property of the owner of the fee. Although a receiver was (on motion of the plaintiff) appointed, the appointment was subsequently vacated as invalid, and the plaintiff’s rights must be determined on the assumption that there…
2Cases cited5 opinions
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Sullivan v. . RossonNew York Court of Appeals · 1918
- In re BannerDistrict Court, S.D. New York · 1907
- Mentz v. Efficient Building Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Mentz v. Efficient Building CorporationNew York Court of Appeals · 1932
3Cited by4 opinions
- Empire State Collateral Co. v. Bay Realty CorporationDistrict Court, E.D. New York · 1964
- Globe Indemnity Co. v. Park-Lexington Corp.New York Supreme Court · 1935
- New York Life Insurance v. Fulton Development Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- In re New York Title & Mortgage Co.New York Supreme Court · 1935