John A. Tweitmann v. Ronald B. Lampman Et Al‪.‬

[60 A.D.2d 667 Page 667] Appeal from an order of the Supreme Court at Special Term, entered December 27, 1976 in Tompkins County, which denied a motion to vacate an order of receivership. Appellants purchased a restaurant and tavern and adjoining lands from plaintiff and as part of the purchase price gave plaintiff a mortgage on the premises. As a result of appellants' alleged defaults in the payment of monthly installments on the mortgage and their alleged failure to pay town and county taxes, plaintiff commenced an action for foreclosure. Appellants do not contest these claims but allege that it was the intentional action of the plaintiff and others which caused appellants' default. The mortgage provides that in any foreclosure action the mortgagee shall be entitled to the appointment of a receiver, without notice. It also provides that the mortgagee could enter the premises and take possession if in his opinion particular [60 A.D.2d 667 Page 668]