← Cases

Schroeder v. Dime Savings Bank

254 A.D. 590 Court N.Y. App. Div. Decision date 1938-03-25 English

Contents

Majority

p. 590
Hermann Schroeder and Johanna M. Schroeder, Appellants, v. The Dime Savings Bank of Brooklyn, Respondent.

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.