Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.
Where a mortgagee lawfully takes possession of the mortgaged premises, he or she "takes the rents" received from the use of the premises "in the quasi character of trustee or bailiff of the mortgagor" (Hubbell v Moulson, 53 N.Y. 225, 228; ...
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