Southern Associates, Inc. v. United Brands Co.

Defendant United Brands Company (United), appeals from an order which held in abeyance plaintiff’s motion for summary judgment pending receipt and confirmation of a Referee’s report following a hearing to be held on factual issues raised as to whether plaintiff is the proper party to maintain the action and whether Brooklyn Savings Bank, as mortgagee, should be joined as a necessary party.

The action seeks to recover rent, real estate taxes and water and sewer charges alleged to be due from defendant as the net lessee of the premises, for the period from July, 1977 through January, 1978. The…