LINCOLN SAV. BANK v. CLUSTER CORP.


18 Misc.2d 70 (1959)

Lincoln Savings Bank of Brooklyn, Plaintiff, v. Cluster Holding Corporation et al., Defendants. Milton Sanders, as Receiver.

Supreme Court, Special Term, Bronx County.

May 1, 1959.


Attorney(s) appearing for the Case

Corner, Weisbrod, Froeb & Charles for plaintiff.

Charles Segal for Atlas Holding Corp. and another, defendants.

Milton Sanders, receiver in person.

Saul K. Ellenbogen for J. J. Theatres, Inc., defendant.

Royall, Koegel, Harris & Caskey for Louis deRochemont Cinemiracle Productions, Inc., defendant.


JOHN L. FLYNN, J.

This is an application by the receiver of rents in a foreclosure action for an order compelling tenants to attorn. This relief is sought against a lessee, said to be out of possession, against a sublessee, also said to be out of possession, and against a subtenant who paid its rent in advance to the landlord prior to the appointment of the receiver.

The property involved is a large plot...

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