Opinion
February 16, 1999
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted the motion of the defendant Scott Jaffee to dismiss the complaint insofar as asserted against him individually and as temporary receiver of Cypress Hills Cemetery. There is no evidence in the record showing that he was negligent or derelict in carrying out his duties as set forth in the order and amended order appointing him temporary receiver ( see, Bankers Fed. Sav. v. Off W. Broadway Developers, 227 A.D.2d 306; Ishaq v. Batra, 212 A.D.2d 512; see also, Luciano v. Cypress Hills Cemetery, 258 A.D.2d 565 [decided herewith]).
The plaintiffs' remaining contentions are without merit.
Altman, J. P., Friedmann, Krausman and Luciano, JJ., concur.