Gibbons v. Wasserman

The mortgage under which the plaintiff was appointed appears to be prior to the lease under which *379defendants claim. The defendants are parties to the foreclosure action. In Derby v. Brandt (99 App. Div. 257) the Appellate Division of this department held under similar circumstances that the tenant must answer to the receiver for rent or if tenant claimed a defense against liability under the lease, that the receiver might collect the reasonable value for the use and occupation. In this department applications by receivers for mandatory orders directing tenants in possession to pay rent under…