Natelson v. Union Dime Savings Bank

Appellate Terms of the Supreme Court of New York

Natelson v. Union Dime Savings Bank

180 Misc. 307, 41 N.Y.S.2d 818, 1943 N.Y. Misc. LEXIS 1905

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 28, 1943

StatusPublished

Cited by1 cases

This text of 180 Misc. 307 (Natelson v. Union Dime Savings Bank) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Natelson v. Union Dime Savings Bank, 180 Misc. 307, 41 N.Y.S.2d 818, 1943 N.Y. Misc. LEXIS 1905 (N.Y. Ct. App. 1943).

Pincite

Opinion

Per Curiam.

The mortgagee, a-ssignee of the rents and with the right to take possession upon default of mortgagor in payment of.interest and principal, was in possession prior to the date of the order appointing plaintiff receiver in supplementary proceedings, and entitled to collect the rents then due and to become due (N. Y. Life Ins. Co. v. Fulton Development Corp., 265 N. Y. 348, 351, 352, citing with approval Donlon & Miller Mfg. Co. v. Camella, 89 Hun, 21). In principle there can be no distinction between rents collected by a receiver and rents collected under an assignment of rents where the purposes for which the rent may be applied are the same. (Womans Hospital v. 67th St. Realty Co., 265 N. Y. 226, 235.) State Bank of Williamson v. Lamoka Power Corp. (269 N. Y. 1), involving a trust mortgage of all the property and earnings of the mortgagor corporation, is inapplicable to this controversy.

Judgment reversed, with costs, judgment directed for defendant, with costs, and order so far as appealed from by defendant reversed, and plaintiff’s motion denied.

Plaintiff’s appeal dismissed.

Hammeb, Shientag and Hecht, JJ., concur.

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Per Curiam.

The mortgagee, a-ssignee of the rents and with the right to take possession upon default of mortgagor in payment of.interest and principal, was in possession prior to the date of the order appointing plaintiff receiver in supplementary proceedings, and entitled to collect the rents then due and to become due (N. Y. Life Ins. Co. v. Fulton Development Corp., 265 N. Y. 348, 351, 352, citing with approval Donlon & Miller Mfg. Co. v. Camella, 89 Hun, 21). In principle there can be no distinction between rents collected by a receiver and rents collected under an assignment of rents where the purposes for which the rent may be applied are the same. (Womans Hospital v. 67th St. Realty Co., 265 N. Y. 226, 235.) State Bank of Williamson v. Lamoka Power Corp. (269 N. Y. 1), involving a trust mortgage of all the property and earnings of the mortgagor corporation, is inapplicable to this controversy.

Judgment reversed, with costs, judgment directed for defendant, with costs, and order so far as appealed from by defendant reversed, and plaintiff’s motion denied.

Plaintiff’s appeal dismissed.

Hammeb, Shientag and Hecht, JJ., concur.

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Bluebook (online)

180 Misc. 307, 41 N.Y.S.2d 818, 1943 N.Y. Misc. LEXIS 1905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/natelson-v-union-dime-savings-bank-nyappterm-1943.

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