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Emblem v. Juras

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 728 (N.Y. App. Div. 1991)

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.


Summaries of

Emblem v. Juras

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 728 (N.Y. App. Div. 1991)
Case details for

Emblem v. Juras

Case Details

Full title:BARBARA J. EMBLEM et al., Appellants, v. SUSAN H. JURAS, Respondent

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

Date published: Mar 11, 1991

Citations

171 A.D.2d 728 (N.Y. App. Div. 1991)
567 N.Y.S.2d 283