ALBANK, FSB v. Dashnaw

*933Carpinello, J. Appeal from an order of the Supreme Court (Dawson, J.), entered February 16, 2006 in Clinton County, which denied defendants’ motion to vacate a prior order discharging the receiver.

In the course of this mortgage foreclosure action, an attorney was appointed the receiver of rents. Although the underlying action was essentially resolved by plaintiffs July 2002 execution of a discharge of mortgage, defendants (the four obligors on the mortgage) thereafter claimed that the receiver breached her fiduciary duties and negligently performed her receiver services. In February 2003,…