Appellate Division of the Supreme Court of the State of New York February 15, 1916 (Mylvirn Corp. v. N. Passman & Son, Inc.)

Per Curiam:

The action is to foreclose a third mortgage. The plaintiff is a mortgagee in possession, and is collecting the rents under the terms of its mortgage and under an assignment of rents. The defendant, N. Pass-man & Son, Inc., has a mechanic’s lien upon the premises.