Opinion
October 28, 1997
Appeal from Supreme Court, New York County (Ira Gammerman, J.).
A temporary receiver was properly appointed upon a sufficient showing of plaintiffs' interests in the subject entities and guarantees of the loans, and that the loan proceeds were being misappropriated or diverted (CPLR 6401 [a]; see, Dolgoff v. Projectavision, Inc., 235 A.D.2d 311, 312). Summary judgment on plaintiff's first cause of action was properly granted, the documentary evidence establishing that defendant Berkovitch had personally guaranteed the loan and issued a check in repayment that had been returned unpaid, that the loan continued to be carried on the books and records of the corparate principal and that defendant's claims of repayment were otherwise without merit.
Concur — Murphy, P.J., Nardelli, Williams and Colabella, JJ.