AETNA LIFE INS. CO. v. ABS PROPS., INC.


186 A.D.2d 448 (1992)

Aetna Life Insurance Company, Respondent, v. ABS Properties, Inc., Appellant, and American Bureau of Shipping et al., Respondents

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

October 20, 1992


In this action to foreclose a mortgage, there was no error in directing Peregrine Company, the mortgagor's managing agent which occupies space in the premises rent free, to attorn to the court-appointed receiver, and to pay a reasonable rent as set forth in the court's order. While, absent an agreement to the contrary, a mortgagor cannot be required to pay rent to a mortgagee in possession (Holmes v Gravenhorst, 263 N.Y. 148), the mortgage at issue provides that the...

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