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EAST CHATHAM CORP. v. IACOVONE

26 A.D.2d 433 (1966)

East Chatham Corp., Appellant, v. Rose Iacovone et al., Defendants. Aaron I. Schwartz, Receiver, Respondent

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

December 6, 1966.

Attorney(s) appearing for the Case

Samuel Kirschenbaum of counsel (Dreyer & Traub, attorneys), for appellant.

Nathan Hirschberg of counsel (McAloon & Hirschberg, attorneys), for respondent.

BOTEIN, P. J., McNALLY, STEUER and BASTOW, JJ., concur in Per Curiam opinion; CAPOZZOLI, J., dissents in part in Memorandum.

Per Curiam.

In this foreclosure action an ex parte order was made April 22, 1964 on the application of the then plaintiff Manhattan Savings Bank appointing a Receiver pendente lite of the premises under foreclosure and authorizing him "to employ an agent, if he shall deem it proper, to rent and manage the mortgaged premises". On February 11, 1965 Manhattan Savings Bank assigned its senior interest in the consolidated...

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