Legal Opinion
Bankers Federal Savings FSB v. Somerset Apartment Corp.
New York Supreme Court
Decided September 13, 1991PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin B. Stecher, J.
This ex parte application for the appointment of a receiver in a mortgage foreclosure action is denied with leave to renew.
In order for the mortgagee to receive such relief it must *570show that there has been a default (Fairmont Assocs. v Fairmont Estates, 99 AD2d 895, lv denied 62 NY2d 602); and as the application is made ex parte (RPAPL 1325), no general allegation of a default will be assumed to be true. There must be some proof in the form of an affidavit of a person with knowledge, or a complaint verified by a person with knowledge (see, Society…
2Cases cited9 opinions
- Society Milion Athena, Inc. v. National Bank of GreeceNew York Court of Appeals · 1939
- Clinton Capital Corp. v. One Tiffany Place Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Fairmont Associates v. Fairmont EstatesAppellate Division of the Supreme Court of the State of New York · 1984
- Mentz v. Efficient Building Corp.New York Supreme Court · 1931
- Mentz v. Efficient Building Corp.Appellate Division of the Supreme Court of the State of New York · 1931
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3Cited by4 opinions
- Gustavia Home, LLC v. BentDistrict Court, E.D. New York · 2018
- Fortress Credit Corp. v. Alarm One, Inc.District Court, S.D. New York · 2007
- HSBC Bank USA, N.A. v. RubinAppellate Division of the Supreme Court of the State of New York · 2022
- Blue Castle (Cayman) Ltd. v. David Jones; Jacqueline Callahan; Principis Capital, LLC; Toprock Funding, LLC; Incorporated Village of Lynbrook; Robert Baxmeyer; Jonathan JonesDistrict Court, E.D. New York · 2025