Opinion
January 15, 1991
Appeal from the Supreme Court, Bronx County (Anita Florio, J.).
Plaintiff's motion for summary judgment against defendant Mooney was properly granted. Plaintiff submitted undisputed evidence that defendant Mooney was duly appointed receiver of the premises pursuant to order of Supreme Court, Bronx County, dated January 23, 1980, with the power and authority to purchase fuel for heating and hot water. Defendant put forth no evidence to dispute that deliveries of fuel oil in the amounts sought were made by plaintiff to the subject premises. Accordingly, summary judgment was properly granted against the defendant, and any claims which the defendant had over and against the managing agent and/or the owner of the premises were properly severed.
Concur — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ.