Opinion
January 11, 1990
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
In this mortgage foreclosure action, the plaintiff mortgagee bank originally obtained an ex parte order appointing a receiver, pursuant to the provisions of the mortgage. That provision, which in effect adopts the language of Real Property Law § 254 (10), authorizes the appointment without notice and without regard to the adequacy of any security. Subsequently, the parties arranged to suspend the appointment, but without prejudice to their respective rights.
In reinstating the receiver on plaintiff's application, the court did not transgress the standards of CPLR 6401 (a). As previously noted, the mortgage authorizes the appointment without regard to the adequacy of the security, and it is undisputed that the defendant mortgagor defaulted in both interest and principal. (Manufacturers Traders Trust Co. v. Cottrell, 80 A.D.2d 744.)
Concur — Sullivan, J.P., Asch, Kassal, Smith and Rubin, JJ.