SUDEROV v. OGLE


149 Misc.2d 906 (1991)

Phyllis Suderov, Respondent, v. J. Ogle et al., Appellants.

Supreme Court, Appellate Term, Second Department.

May 7, 1991


Attorney(s) appearing for the Case

Albert E. Silbowitz for appellants.

KASSOFF, P. J., PIZZUTO and SANTUCCI, JJ., concur.


MEMORANDUM.

Order unanimously reversed without costs, motion granted and petition dismissed.

The issue on this appeal is whether an assignee of leases and rents, where the assignment was given as security for a debt, may maintain a summary proceeding. We hold that she may not.

Appellant James Ogle is the owner of a building which has within it a real estate office and two apartments. As security for a loan...

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