CHASE MANHATTAN v. BROWN


243 A.D.2d 81 (1998)

672 N.Y.S.2d 206

Chase Manhattan Bank, as Successor by Merger to Chase Lincoln First Bank, N. A., Respondent, v. Brown & East Ridge Partners et al., Defendants, and Simon Braitman, Appellant. Widewaters Group, Inc., as Receiver, Nonparty Respondent

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

April 29, 1998


Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke, L. L. P., Rochester (Kelly A. Nagle of counsel), for appellant.

Boylan, Brown, Code, Fowler, Vigdor & Wilson, L. L. P., Rochester (Mark Costello of counsel), for respondent.

Menter, Rudin & Trivelpiece, P. C., Syracuse (Mitchell Katz of counsel), for receiver, nonparty respondent.

WISNER, PIGOTT, JR., BALIO and FALLON, JJ., concur.


GREEN, J. P.

This appeal concerns the respective rights of the mortgagor and the receiver appointed in this mortgage foreclosure action to the proceeds of a judgment for rent entered in favor of the mortgagor but remaining unpaid at the time of the receiver's appointment. We conclude that the receiver is entitled to collect the proceeds of that judgment.

Defendant Brown & East Ridge Partners (partnership...

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