Opinion
2015-10-21
Kyle TAYLOR, etc., et al., appellants, v. Brett E. WYNKOOP, et al., respondents.
Mandel Bhandari LLP, New York, N.Y. (Rishi Bhandari, Evan Mandel, Benjamin Rudolph Delson, and Robert Glunt of counsel), for appellants. Antony Hilton, New York, N.Y., for respondents Brett E. Wynkoop, Kathleen Keske, and James Borland.
Mandel Bhandari LLP, New York, N.Y. (Rishi Bhandari, Evan Mandel, Benjamin Rudolph Delson, and Robert Glunt of counsel), for appellants. Antony Hilton, New York, N.Y., for respondents Brett E. Wynkoop, Kathleen Keske, and James Borland.
In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated December 20, 2013, as denied their motion to appoint a temporary receiver for certain real property.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court did not err in denying the plaintiffs' motion to appoint a temporary receiver for certain residential real property owned by the defendant cooperative corporation. In light of, inter alia, a prior order dated November 7, 2013, granting that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint ( see Taylor v. Wynkoop, –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2015 WL 6160236 [Appellate Division Docket Nos.2014–00108, 2014–02344; decided herewith] ), there did not exist grounds for the appointment of a temporary receiver as of the date the plaintiffs moved for such relief ( seeCPLR 6401[a] ). RIVERA, J.P., BALKIN, LEVENTHAL and DICKERSON, JJ., concur.