Reich v. Crawford

While the receiver has the right to sue and recover for the use and occupancy of the mortgaged premises (New Way Building Company v. Taft, 129 Misc. 170; Public Bank v. London, 159 App. Div. 484; Home Life Insurance Co. v. O’Sullivan, 151 id. 535; Olive v. Levy, 201 id. 262; DeVita v. Pianisani, 127 Misc. 611), this fact does not necessarily warrant summary proceedings against the mortgagor (tenant). These proceedings require the existence of the conventional relationship of landlord and tenant, except where otherwise expressly allowed by statute. (Reich v. Cochran, 201 N. Y. 450.)

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