Schmalzl v. Peretta
This text of 243 A.D. 580 (Schmalzl v. Peretta) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order affirmed, with ten dollars costs and disbursements. Plaintiff moved for an order directing the respondent Hallinan, who is not a party to the action, to turn over to him, as mortgagee, rents collected by said Hallinan while he was acting as the agent of the owner of the equity of redemption. In our opinion the motion was properly denied because no receiver of rents was appointed in the action, the plaintiff never had possession of the mortgaged premises prior to the foreclosure sale, and there is not in the record satisfactory proof of a demand ever having been made by or on behalf of the plaintiff for possession of said premises. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
243 A.D. 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmalzl-v-peretta-nyappdiv-1934.