Railroad Federal Savings & Loan Ass'n v. Zelkind

247 A.D. 110, 286 N.Y.S. 158, 1936 N.Y. App. Div. LEXIS 8195

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 13, 1936
• Status: Published

Opinion

Per Curiam.

An action to foreclose a mortgage on real property must be tried in the county wherein the property is situated, and there is no authority for the appointment of a receiver in any other county. (Manufacturers Trust Co. v. Roerich Museum, 236 App. Div. 76; appeal dismissed, 260 N. Y. 562; Civ. Prac. Act, § 183, subd. 4.)

The order denying appellant’s motion to vacate the order appointing the receiver should be reversed, with twenty dollars costs and disbursements, and the motion to vacate the receivership order should be granted, with ten dollars costs.

Present — McAvoy, Townley, Untermyer, Dore and Cohn, JJ.

Order reversed, with twenty dollars costs and disbursements, and motion granted, with ten dollars costs.