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North Side Savings Bank v. Arieh

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1996
234 A.D.2d 169 (N.Y. App. Div. 1996)

Opinion

December 19, 1996.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered August 14, 1995, which granted plaintiff Gregorio Alvarez's motion for leave to sue defendant Carmen Pacheco as receiver nunc pro tunc, unanimously affirmed, without costs.

Before: Sullivan, J.P., Rosenberger, Kupferman, "Williams and Andrias, JJ.


The court properly exercised its discretion in granting leave to sue the receiver in foreclosure nunc pro tunc for alleged injuries suffered during her receivership (see, Copeland v Salomon, 56 NY2d 222, 230-234). Any damages awarded for such injuries caused by the negligence of the receiver, her agents or her employees would be part of the expenses of administration payable out of the receivership funds. Indeed, in settling her account, the receiver noted her exposure and asked that a reasonable sum of money be set aside to cover any possible liability. That such request was denied should not preclude a meritorious claim; however, "`[liability is not synonymous with ability to pay' and it, therefore, is not a condition of suit that the receiver be in funds to pay it" ( supra, at 234).


Summaries of

North Side Savings Bank v. Arieh

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1996
234 A.D.2d 169 (N.Y. App. Div. 1996)
Case details for

North Side Savings Bank v. Arieh

Case Details

Full title:NORTH SIDE SAVINGS BANK, Plaintiff, v. GEORGE ARIEH et al., Defendants…

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

Date published: Dec 19, 1996

Citations

234 A.D.2d 169 (N.Y. App. Div. 1996)
651 N.Y.S.2d 471

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