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Noonan v. Matone

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2007
40 A.D.3d 843 (N.Y. App. Div. 2007)

Opinion

No. 2006-06911.

May 15, 2007.

In an action, inter alia, pursuant to RPAPL article 15 to quiet title to real property, the plaintiff James K. Noonan appeals, by permission, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated April 19, 2006, as, sua sponte, appointed a temporary receiver to oversee the management of the real property.

Arnold E. DiJoseph, P.C., New York, N.Y., for appellant.

Kenneth K. Frenkel, P.C., New York, N.Y., for respondents.

Before: Ritter, J.P., Santucci, Balkin and McCarthy, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the temporary receiver is removed.

The Supreme Court improvidently exercised its discretion in, sua sponte, appointing a temporary receiver to oversee the management of an apartment building, the ownership of which is the subject of dispute in this action, since no "person having an apparent interest" in the apartment building sought such relief and there is no evidence that such a drastic remedy was warranted (CPLR 6401 [a]; see Natoli v Milazzo, 35 AD3d 823, 824 [2006]; Rotary Watches [USA] v Greene, 266 AD2d 527, 528).

The parties' remaining contentions are without merit.


Summaries of

Noonan v. Matone

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2007
40 A.D.3d 843 (N.Y. App. Div. 2007)
Case details for

Noonan v. Matone

Case Details

Full title:SYCAMORE REALTY CORP. et al., Plaintiffs, and JAMES K. NOONAN, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 2007

Citations

40 A.D.3d 843 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4282
836 N.Y.S.2d 241

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