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HOME SAV. BANK v. 137 DUANE ST. ASSOCS.

197 A.D.2d 368 (1993)

602 N.Y.S.2d 136

Home Savings Bank, Plaintiff, v. 137 Duane Street Associates et al., Defendants. David Silver et al., Appellants; John P. Marshall, as Receiver, Respondent

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

October 5, 1993

Contrary to appellant tenants' contention, the "Settlement Agreement" allegedly entered into by the defendant fee owner and the appellant tenants on May 23, 1991, does not appear to have been properly executed by a representative of the fee owner. Moreover, assuming the validity of the agreement, it is not binding upon the receiver (see, Citibank v Nyland [CF8] Ltd., 839 F.2d 93, 98 [2d Cir 1988]). Indeed, the receiver was appointed...

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