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Spear, Mihalakos and Peters, Js. Argued November 3--officially released December 19, 2000 Counsel

Edward T. Krumeich, for the plaintiff in error. Bernard Green, with whom, on the brief, was Marni Smith Katz, for the defendants in error.
Opinion

PETERS, J. This writ of error concerns a rent receivership that was instituted during the pendency of a mortgage foreclosure of a commercial office building. At trial, and in this court, the issues arise out of the receiver's final accounting to the court. The borrower challenged the validity of two charges against the receivership estate, one for payment of a real estate commission and another for payment of postdischarge management expenses. The court sustained the borrower's objection to those charges. The receiver first appealed and then filed this writ of error to challenge the disallowance of the charges. On procedural

grounds, we affirm the ruling at trial. The defendant in error Security Mutual Life Insurance Company of New York (lender) brought an action for strict foreclosure of a mortgage on a commercial office building (property) in Southport that secured the indebtedness of Kings West Limited Partnership (borrower) and others.1 On June 7, 1996, in conjunction with that proceeding and in accordance with a stipulation of the parties thereto, the court, Grogins, J., appointed CB Commercial/Hampshire, LLC (receiver), to act as rent receiver. Again at the behest of the parties, on July 1, 1996, the court, West, J., modified that order. On April 7, 1997, after the parties had settled the mortgage foreclosure action, the court, Rush, J., discharged the receiver and ordered a hearing on a final accounting of the receivership. At the hearing held by the court, Hon. George A. Saden, judge trial referee, to review the receiver's final accounting, the borrower asked the court to disallow two items that the receiver had deducted in accounting for the rents that it had collected. These items were (1) the payment of a commission of $56,459.27 to a broker for the leasing of a unit of the mortgaged property and (2) management fees in the amount of $8480 for services rendered subsequent to the termination of the receivership. The court ruled in favor of the borrower with respect to both disputed items. The receiver sought appellate review of the court's ruling in this court. We dismissed the appeal because the receiver was not a party to the underlying foreclosure action. Security Mutual Ins. Co. of New York v. Kings West Ltd. Partnership, 56 Conn. App. 44, 45

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Connecticut Law