Appellate Division of the Supreme Court of New York, 1938

Schroeder v. Dime Savings Bank

Schroeder v. Dime Savings Bank
Appellate Division of the Supreme Court of New York · Decided March 25, 1938
254 A.D. 590; 4 N.Y.S.2d 160; 1938 N.Y. App. Div. LEXIS 6680
Schroeder v. Dime Savings Bank

Opinion of the Court

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.

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