Appellate Division of the Supreme Court of New York, 1936

Railroad Federal Savings & Loan Ass'n v. Zelkind

Appellate Division of the Supreme Court of New York · Decided March 13, 1936

247 A.D. 110; 286 N.Y.S. 158; 1936 N.Y. App. Div. LEXIS 8195

Counsel

Herman S. Rosen, for the appellant., Floyd M. Gran of counsel [Crandall, Grant & Williams, attorneys], for the respondent.

Opinion of the Court

Per Curiam.

An action to foreclose a mortgage on real property must be tried in the county wherein the property is situated, and there is no authority for the appointment of a receiver in any other county. (Manufacturers Trust Co. v. Roerich Museum, 236 App. Div. 76; appeal dismissed, 260 N. Y. 562; Civ. Prac. Act, § 183, subd. 4.)

*111The order denying appellant’s motion to vacate the order appointing the receiver should be reversed, with twenty dollars costs and disbursements, and the motion to vacate the receivership order should be granted, with ten dollars costs.

Present — McAvoy, Townley, Untermyer, Dore and Cohn, JJ.

Order reversed, with twenty dollars costs and disbursements, and motion granted, with ten dollars costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.