Hyperlawhypertext legal database State Bank v. Cohen 124 N.Y.S. 433

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State Bank v. Cohen

124 N.Y.S. 433 Court N.Y. Sup. Ct. Decision date 1910-08-06 English

Delivered by GIFGERICH, J.

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p. 433
STATE BANK v. COHEN.
(Supreme Court, Special Term, New York County.
August 6, 1910.)

Headnote

Mortgages (§ 473*)—Rents—Disposition on Foreclosure—Parties.
On foreclosure by a junior mortgagee, the court will not direct a disposition of rents assigned to the first mortgagee by a prior assignment, unless he is made a party to the proceeding.
[Ed. Note.—For other cases, see Mortgages, Dec. Dig. § 473.*]
On motion for reargument. Motion denied.
For former opinion, see 123 N. Y. Supp. 747 .

As it now appears that the rents in question were assigned to the first mortgagee by an assignment prior to those given to, the parties to this motion, I do not feel that I should direct a disposition of the money in a proceeding to which the first mortgagee is not a party. This motion for a reargument is therefore denied, without costs, with leave to renew in the event that the first mortgagee is made a party to the proceeding. Unless the first mortgagee is made a party to the proceeding, both the pending applications to compel the receiver to turn over the rents will be denied.

Settle order on notice.