Opinion
March 11, 1991
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The plaintiffs have failed to demonstrate that the delays in compliance with the stipulation of settlement were due to the defendant's willful refusal to effectuate a mortgage application. Therefore, the trial court did not improvidently exercise its discretion in refusing to appoint a temporary receiver, and in directing the parties to comply with the stipulation of settlement of March 3, 1983. As we have previously stated in this case, the appointment of a temporary receiver is an extreme remedy and should not be granted lightly (Emblem v Juras, 112 A.D.2d 134). Bracken, J.P., Brown, O'Brien and Ritter, JJ., concur.