Mandel v. Nero

John H. Galloway, Jr., J.

This is a motion by the defendants Nero brought on by an order to show cause, for an order canceling and setting aside the appointment of a temporary Receiver in a foreclosure action. The plaintiff cross-moves for an order, vacating the stay in the order to show cause, and directing the defendants Nero to pay over to the Receiver all rents and profits received from tenants, or to post a bond or undertaking. The defendants contend that the appointment of a Receiver by an ex parte order and without notice to them was made in violation of section 1325 of the Real…