Hessert v. Brooklyn Home Dialysis Training Center, Inc.

In a proceeding pursuant to Business Corporation Law § 1104-a for judicial dissolution of a corporation, Brooklyn Home Dialysis Training Center, Inc., Geoffrey Berlyne, M.D., and Peter Lundin, M.D., appeal, by permission, from an order of the Supreme Court, Kings County (Garry, J.), dated October 18, 1995, which, sua sponte, appointed a temporary receiver of the property of the corporation.

Ordered that the order is reversed, on the law, with costs, and the appointment of a temporary receiver is vacated.

The Supreme Court improvidently exercised its discretion when it sua sponte appointed a…