YOUNG v. YERKS


205 Misc. 867 (1954)

Spencer C. Young, Treasurer of The City of New York, as Receiver, Landlord, v. George Yerks, Tenant.

Municipal Court of the City of New York, Borough of Queens.

March 10, 1954.


Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Frank W. Porcaro of counsel), for landlord.

Angelo Graci and Robt. F. Garvar for tenant.


TOBIAS, J.

The city treasurer, as receiver, is entitled to seek recovery of the unpaid rents which became due prior to his appointment as such receiver (Palmieri v. New York Preparatory School, 232 App. Div. 848). Indeed, in these companion proceedings, the governing statute mandates such action on his part. "The receiver shall collect the accrued and accruing rents, issues and profits of the property...

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