
    Celesta Moll, Plaintiff, v. John McKeon et al., Defendants.
    (Supreme Court, New York Special Term,
    July, 1901.)
    Foreclosure—Bent as between a mortgagee to whom rents had been assigned on default in interest and a lessee who had paid rent in advance, with notice of the mortgage.
    Where default is made in the payment of the interest on a recorded mortgage, in process of foreclosure, providing that upon default in interest the rents are assigned to the mortgagee, a lessee of the premises, who became such after the default and who paid his rent in advance, cannot enjoin a receiver of the premises from collecting ■ rent accruing during the period for which the lessee has paid, as the lessee is charged with notice of the rights of the mortgagee.
    Motion for an injunction.
    C. S. Houghton, for receiver.
    Ralph Nathan, for lessee Lena Vogel.
   Blanchard, J.

The mortgage under foreclosure was made and recorded long prior to the making of the alleged lease with Lena Vogel, under which the said Vogel claims the rents of the premises under foreclosure. The lease is dated May 15, 1901, and is for the term of one year from June 1, 1901. The check for the rent in advance for the months of June, July, August and September, 1901, is dated May 20, 1901. It appears from the amended complaint herein that the default in the payment of interest occurred on or about April 27, 1901. The mortgage, which was recorded October 27, 1898, contains a clause providing that upon default in the payment of interest the rents of the premises are thenceforth assigned to the mortgagee. The mortgage being of record, the lessee must be held charged with notice of the terms of the mortgage and of the clause therein just referred to. The default in the payment of interest having occurred prior to the alleged lease, the right of the alleged lessee must yield to that of the .plaintiff. The alleged lessee having, therefore, no right to the rents, it follows that the motion of the receiver to enjoin her from interfering with him in the collection of the rent is granted, with ten dollars costs.

Motion granted, with ten dollars costs.  