SCHULDER v. SCHULDER'S MAPLEWOOD LODGE COLONY


283 A.D. 583 (1954)

Joseph G. Schulder et al., Appellants, v. Schulder's Maplewood Lodge Colony, Inc., et al., Respondents. Morris Rosenbloom, as Receiver, Appellant

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

March 31, 1954.


Attorney(s) appearing for the Case

Meyer D. Siegel and Irving E. Field for appellants.

Louis Tieger and Irving Ax for respondents.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.


Per Curiam.

Plaintiffs are junior mortgagees of a summer bungalow colony and defendants are owners and tenants. The action to foreclose was commenced July 18, 1953, and a receiver was appointed July 23d. The receiver qualified and demanded physical possession of the premises and the payment of rents.

But the owner of the premises claimed that no rents were due and that all the tenants had fully paid rent for...

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