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CARLIN TRADING CORP. v. BENNETT

24 A.D.2d 91 (1965)

Carlin Trading Corp., Respondent, v. Ruby R. Bennett, Formerly Known as Ruby Ray, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 4, 1965.

Attorney(s) appearing for the Case

Demarest J. Hahn of counsel (Hahn & Hahn, attorneys), for appellant.

Isaac Anolic for respondent.

BOTEIN, P. J., RABIN and STEUER, JJ., concur in Per Curiam opinion; EAGER, J., dissents in opinion in which VALENTE, J., concurs.

Per Curiam.

Defendant is the owner and mortgagor of a dwelling in which she resides. The action is to foreclose the mortgage. In the course of the action a receiver was appointed who applied to the court for an order fixing the reasonable rent. An order fixing the rent at $150 per month was made pursuant to that application and the defendant directed to pay it. She did not and Special Term has granted an order directing the Sheriff to evict her.

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