Decision and order The plaintiff has moved seeking to reargue portions of a decision dated November 18, 2019 which essentially granted summary judgement to the defendant dismissing the complaint. The defendant opposes the motion. Papers were submitted by the parties and arguments held. After reviewing all the arguments this court now makes the following determination. The facts were adequately recorded in the prior order and need not be repeated. The reargument is based on a single premise, namely that since 2011 Caputo collected rents at the premises and thus acted as a Mortgagee in Possession requiring her to pay necessary expenses for the property. Indeed, plaintiff argues that pursuant to the mortgage itself Caputo was not allowed to retain any of the rental income without first paying all necessary expenses. In order for a mortgagee to be a mortgagee in possession the mortgagee must maintain possession and control of the property (Stern v. Syracuse Mall Associates, 1998 WL 52022 [S.D.N.Y. 1998]). The assignment of the right to collect rent, standing alone, does not establish possession and control (Witschger v. J.K. Marvin & Co., 255 AD 70, 5 NYS2d 910 [2d Dept., 1938]). As one authority stated concerning when a mortgagee is considered to be in possession, “perhaps the standard is best expressed in terms of whether the mortgagee exercised “dominion and control” over the mortgaged real estate” (Real Estate Finance Law, §4.25 6th Ed. 2016]). Likewise, the Restatement (Third) of Property (Mortgages) §4.2 ‘Mortgaging Rents’ states in Comment C that “the mere collection of rents pursuant to such a mortgage does not constitute the mortgagee a “mortgagee in possession,” with the duties and liabilities attendant to that status” (id). Thus, John Fahy submitted an affidavit wherein it states that “Circles continued to control and operate the premises, and remain responsible for building expenses subsequent to March 2015, when at Circles’ request Caputo began collecting rents from the residential tenants. Circles did not request and/or demand that Caputo pay any expenses of the building from the residential rents collected as a condition of collection of the residential rents” (see, Affidavit of John Fahy, dated May 6, 2019,
