Schroeder v. Dime Savings Bank

Appellate Division of the Supreme Court of New York

Schroeder v. Dime Savings Bank

254 A.D. 590, 4 N.Y.S.2d 160, 1938 N.Y. App. Div. LEXIS 6680

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1938·Published

Opinion

In an action for an accounting of the rents and profits received by defendant mortgagee prior to foreclosure, plaintiffs, the former owners of the mortgaged premises, claim that the mortgagee unlawfully entered the premises and collected rents. The defendant claims its acts were done with the consent and acquiescence of plaintiffs. Judgment in favor of defendant unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

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In an action for an accounting of the rents and profits received by defendant mortgagee prior to foreclosure, plaintiffs, the former owners of the mortgaged premises, claim that the mortgagee unlawfully entered the premises and collected rents. The defendant claims its acts were done with the consent and acquiescence of plaintiffs. Judgment in favor of defendant unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

Schroeder v. Dime Savings Bank, 254 A.D. 590, 4 N.Y.S.2d 160, 1938 N.Y. App. Div. LEXIS 6680 (N.Y. Ct. App. 1938).

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254 A.D. 590 (Schroeder v. Dime Savings Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.