KANE ASSOC. v. BLUMENSON


30 A.D.2d 127 (1968)

Kane Associates, a Copartnership, Plaintiff, v. Philip Blumenson et al., Defendants Edward T. Klett, Respondent, v. Philip Blumenson et al., Appellants

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

May 28, 1968.


Attorney(s) appearing for the Case

Paul L. Klein of counsel (Philip Blumenson, in person, attorney), for appellants.

Frederick L. Sohn of counsel (Greengold & Eckman, attorneys), for respondent.

EAGER, J. P., CAPOZZOLI, McGIVERN and RABIN, JJ., concur.


STEUER, J.

The general rule governing the rights to collect rents as between the owner of realty and a receiver appointed in foreclosure proceedings is well understood and not in dispute. But its application in the particular factual situation presented has not, as far as research discloses, ever been submitted to a court.

It appears that prior to the foreclosure proceedings, there were two actions pending...

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