Cole v. Westlong Investors

3 Citing cases

  1. Toribio v. Whiz Realty Corp.

    131 Misc. 2d 227 (N.Y. Civ. Ct. 1986)

    These two statutes, when read together, permit the Housing Part to remove a 7-A administrator, movant claims. In this regard, Ms. Edwards notes three cases — (Swallow v Schnipper, NYLJ, Sept. 21, 1984, p 14, col 4 [App Term, 2d 11th Dists]; Mercer v 944 Marcy Ave. Holding Corp., 92 Misc.2d 564 [Civ Ct, Kings County 1977]; Cole v Westlong Investors Corp., 64 Misc.2d 933 [Civ Ct, N Y County 1970]) — for the proposition that, while the RPAPL does not provide for the removal of a 7-A administrator, there is inherent jurisdiction in the court to remove an administrator it previously appointed. The only statute in this regard is RPAPL 777 (a), which authorizes an order permitting an owner (and specified others) to perform the needed work only "in lieu of rendering judgment".

  2. Mercer v. Holding Corp.

    92 Misc. 2d 564 (N.Y. Civ. Ct. 1977)   Cited 5 times

    Although the motion is unopposed, it is the court's duty to review the account in order to maintain control over the administrator's conduct. (See, e.g., 49 N.Y. Jur, Receivers, § 50; Cole v Westlong Investors Corp., 64 Misc.2d 933.) Both the judgment under which the administrator was appointed and section 779 Real Prop. Acts. of the Real Property Actions and Proceedings Law require him to keep and present to this court "written accounts itemizing * * * receipts and expenditures".

  3. Genuth v. Realty Corp.

    88 Misc. 2d 586 (N.Y. Sup. Ct. 1976)   Cited 11 times

    The tenants are also statutorily entitled to and did commence an article 7-A proceeding (Real Property Actions and Proceedings Law, § 769 et seq.) for the purpose of remedying conditions dangerous to their life, health or safety (Real Property Actions and Proceedings Law, § 769, subd 1). As part of this proceeding in the Civil Court, an administrator was appointed pursuant to section 778 Real Prop. Acts. of the Real Property Actions and Proceedings Law to "order the necessary materials, labor and services to remove or remedy the conditions specified in the judgment" (Cole v Westlong Investors Corp., 64 Misc.2d 933, 937).