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APPLE BANK v. 1 ARDEN ASSOCS

165 Misc.2d 1011 (1995)

630 N.Y.S.2d 1012

Apple Bank for Savings, Plaintiff, v. One Arden Street Associates et al., Defendants.

Supreme Court, New York County.

June 1, 1995

Attorney(s) appearing for the Case

Sieratzki & Ceccarelli, New York City (Karen S. Jore of counsel), for Justin Driscoll III, receiver. Kenneth Rosenfeld and Adele Bartlett, New York City, for tenant Nunez and others, defendants. Legal Aid Society, New York City (David W. Weschler and Paula L. Pace of counsel), for tenant Pineda, defendant.

DAVID B. SAXE, J.

A receiver was appointed in this foreclosure action by order dated April 19, 1994. The order contained the standard provision that the tenants pay all rents over to the receiver, and a notice to attorn was duly served. The receiver now moves for a further order compelling the tenants to turn over all past due rents, and if such rent arrears are not paid, authorizing these tenants' eviction...

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