RTC MORTG. TRUST 1995-S/N1 v. POLMAR REALTY, INC.

91 Civ. 6685 (SAS).

949 F.Supp. 180 (1996)

RTC MORTGAGE TRUST 1995-S/N1, Plaintiff, v. POLMAR REALTY, INC., Rudian Operating Corp., 303-309 10th Avenue Corp., 211 Management Corp., Maringof Garage, Inc., Inwood Management Corp., Freshstart Venture Capital Corp., People of the State of New York, City of the State of New York, City of New York Environmental Control Board, Tibor Schonfeld, Manya Schonfeld, Mark Schonfeld, Alan Schonfeld, United States of America, New York City Department of Finance, Isaak Gutman, Alex Gofman, New York State Department of Labor, Unemployment Insurance Division, Industrial Commissioner, "John Doe One" Through "John Doe One Hundred" the last one hundred names being fictitious and intended to designate the tenants or occupants of the premises in the foreclosure action, Defendants.

United States District Court, S.D. New York.

November 22, 1996.


Attorney(s) appearing for the Case

Peter C. Moskowitz, Golenbock, Eiseman, Assor & Bell, New York City, for RTC Mortgage Trust 1995-S/N1.

Joel S. Stern, Stern, Wiener & Levy, L.L.P., New York City, for Martin Tener, Receiver.

Douglas M. Lieberman, Markotsis & Lieberman, Hicksville, for Henry Kliot.


OPINION AND ORDER

SCHEINDLIN, District Judge.

Martin Tener ("Tener" or "Receiver"), as receiver of the subject premises located at 303-309 Tenth Avenue (the "Premises"), has moved this Court to compel Henry Kliot ("Kliot"), a subtenant and sublessor of a portion of the Premises, to turn over rents received during the period May 1992 through April 1996. For the reasons set forth below, Receiver's application for attornment is denied in its entirety...

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