Appellate Division of the Supreme Court of the State of New York May 15, 1933 (Holmes v. Gravenhorst)

Motion for leave to appeal to the Court of Appeals granted. The following question is certified: On the facts shown in the record, was the receiver entitled to an order fixing the occupational rent of the mortgagor-owner in the absence of facts indicating that the motion should have been denied as a matter of discretion? Present — Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ.