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Appellate Division of the Supreme Court of New York, 1912

Greenwich Savings Bank v. Silverman

Greenwich Savings Bank v. Silverman
Appellate Division of the Supreme Court of New York · Decided November 8, 1912
138 N.Y.S. 13 (New York Supplement)

Counsel

Max Schleimer, of New York City, for appellant., Middleton S. Borland, of New York City, for respondent.

Greenwich Savings Bank v. Silverman

Opinion of the Court

PER CURIAM.

A receiver of the rents and profits of mortgaged premises ca'nnot resort to contempt proceedings to compel tenants of the owner to pay rent. American Mortgage Co. v. Sire, 103 App. Div. 396, 92 N. Y. Supp. 1082; Guerrier v. Coleman, 135 App. Div. 46, 119 N. Y. Supp. 895.

As the order appealed from can serve no purpose, except to lay the foundation for contempt proceedings, it is reversed, with $10 costs and disbursements, and the motion is denied, with $10 costs.

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