Legal Opinion
Columbus Realty Investment Corp. v. G & S Winding Road, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1999PublishedCited by 6 opinions
1Opinion of the Court
—In an action to foreclose a mortgage on real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Floyd, J.), entered September 29, 1997, which denied its motion (1) to vacate that portion of an order of the same court dated March 16, 1995, discharging the former receiver of the real property, and (2) for leave to prosecute an action against him.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
It is well settled that an action against a former receiver may not be maintained unless the order of discharge is vacated and leave…
2Cases cited5 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Copeland v. SalomonNew York Court of Appeals · 1982
- Alliance Property Management & Development, Inc. v. Andrews Avenue Equities, Inc.New York Court of Appeals · 1987
- Cohen v. KrantzAppellate Division of the Supreme Court of the State of New York · 1996
- 149 Clinton Avenue North, Inc. v. GrassiAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by6 opinions
- McKiernan v. McKiernanAppellate Division of the Supreme Court of the State of New York · 2000
- Coronet Capital Co. v. SpodekAppellate Division of the Supreme Court of the State of New York · 2001
- Columbus Realty Investment Corp. v. D & S Roofing & Siding Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Delos Santos v. 500 C.S. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Capital Crossing Bank v. Aurora Hospitality, LLCAppellate Division of the Supreme Court of the State of New York · 2007
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