Appellate Division of the Supreme Court of New York, 1997

Federal Deposit Insurance v. 7 Bros. Construction Corp.

Appellate Division of the Supreme Court of New York · Decided March 18, 1997

237 A.D.2d 167; 654 N.Y.S.2d 761

Cases that cite this one

1 later published case cites this decision.

Chase Manhattan Bank v. Brown & East Ridge Partners (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, New York County (Walter Schackman, J.), entered May 26, 1995, which, in a mortgage foreclosure action, denied appellant receiver’s motion to hold defendants management company and one of its principals in contempt for failure to turn over to him accrued rent money they had collected before his appointment but not paid over to the owner until after his appointment, unanimously affirmed, without costs.

*168The IAS Court correctly held, that a receiver is not entitled to accrued rent paid by a tenant to a managing agent before the receiver’s appointment, even though not actually received by the landlord at the time of the appointment (Kane Assocs. v Blumenson, 30 AD2d 127, affd 23 NY2d 942). We have considered the receiver’s other arguments and find them to be without merit. Concur—Sullivan, J. P., Milonas, Rosenberger and Rubin, JJ.

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