Appellate Division of the Supreme Court of New York, 1936

In re the Westchester County Bar Ass'n

In re the Westchester County Bar Ass'n
Appellate Division of the Supreme Court of New York · Decided January 15, 1936
246 A.D. 829
In re the Westchester County Bar Ass'n

Opinion of the Court

Proceeding dismissed. Respondent claims the right to withhold the sum of $100 from plaintiff in the foreclosure action because said plaintiff refuses to abide by the terms of a lease made by respondent, as receiver, with a tenant, and by which lease respondent claims said plaintiff was to be bound under a settlement of the foreclosure action. The controversy should be determined in a summary proceeding in the foreclosure suit or by separate action as the parties may be advised. The respondent seems to be acting in good faith. Present — Lazansky, P. J., Hagarty, Davis, Johnston and Adel, JJ.

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