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Crossland Federal Savings v. Ayelet Realty

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 316 (N.Y. App. Div. 1997)

Opinion

January 23, 1997.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered December 13, 1995, which, in a foreclosure action, granted the temporary receiver's motion to settle her account, fix her fee and terminate her receivership, unanimously affirmed, with costs.

Before: Milonas, J. P., Ellerin, Nardelli, Williams and Mazzarelli, JJ.


Defendants-appellants' claim that the temporary receiver improvidently entered into a lease with a tenant already in possession for a rental of $3,500 instead of $4,000 a month did not warrant a hearing, absent a showing that the nonpayment proceeding pending against that tenant when the receiver was appointed was likely to succeed. Defendants supplied no proof in admissible form to establish that the temporary receiver acted in an improvident manner and the defendants' other arguments are unpreserved.


Summaries of

Crossland Federal Savings v. Ayelet Realty

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 316 (N.Y. App. Div. 1997)
Case details for

Crossland Federal Savings v. Ayelet Realty

Case Details

Full title:CROSSLAND FEDERAL SAVINGS BANK, Plaintiff, v. AYELET REALTY CO. et al.…

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

Date published: Jan 23, 1997

Citations

235 A.D.2d 316 (N.Y. App. Div. 1997)
652 N.Y.S.2d 954