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BARCLAYS BANK v. DAVIDSON AVE.

274 N.J. Super. 519 (1994)

644 A.2d 685

BARCLAYS BANK, P.L.C. NEW YORK BRANCH, PLAINTIFF-RESPONDENT, v. DAVIDSON AVENUE ASSOCIATES, LTD., A NEW JERSEY LIMITED PARTNERSHIP; DAVIDSON AVENUE PROPERTIES, INC., A NEW JERSEY CORPORATION; AND LAWRENCE S. BERGER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1994.

Attorney(s) appearing for the Case

Robert A. Bornstein argued the cause for appellants (Berger & Bornstein, P.A. attorneys; Lawrence S. Berger and Mr. Bornstein, of counsel; Paul H. Schafhauser on the brief).

Walter J. Fleischer, Jr., argued the cause for respondent (Shanley & Fisher, P.C., attorneys; Mr. Fleischer and James M. Altieri, of counsel; Lawrence E. Behning on the brief).

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

We granted leave to appeal from the chancery judge's order appointing a rent receiver for defendant mortgagor's property.

We disagree with the trial judge's conclusion that plaintiff mortgagee is entitled to a rent receiver as a matter of contractual right and without prior judicial approval as to the necessity of the appointment. We conclude that notwithstanding an express contractual provision...

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