GENUTH v. REALTY CORP.


88 Misc.2d 586 (1976)

Wolf Genuth, Plaintiff, v. First Division Avenue Realty Corp. et al., Defendants.

Supreme Court, Special Term, Kings County.

October 6, 1976


Attorney(s) appearing for the Case

Richard S. Panebianco and Martin S. Needelman for defendants. Pruzan, Levy & Pruzan for plaintiff.


ARTHUR S. HIRSCH, J.

In this mortgage foreclosure action the tenants of the subject premises, by order to show cause, seek (1) dismissal of the complaint and (2) vacatur of the appointment of a receiver which was made by another Justice of this court in an order dated June 25, 1976.

That branch of the motion requesting dismissal of the complaint is denied. The tenants are not such indispensable parties to the maintenance of this mortgage foreclosure...

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