Legal Opinion
Trans World Maintenance Services v. Fort Tryon Apartment Corp.
Civil Court of the City of New York
Decided September 20, 1995Published
1Opinion of the Court
OPINION OF THE COURT
Richard F. Braun, J.
In this action for breach of a contract for work, labor, and services, plaintiff moves to substitute as party defendant the receiver appointed for defendant Fort Tryon Apartment Corp. in lieu of said defendant. Only the receiver opposes the motion.
Arthur Harris was appointed receiver, pursuant to RPAPL 1325, in a mortgage foreclosure action in Supreme Court, New York County, against defendant as mortgagor. CPLR 1017 provides: "If a receiver is appointed for a party, or a corporate party is dissolved, the court shall order substitution of the proper…
2Cases cited7 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- Oliner v. American-Oriental Banking Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Cohen v. ShermanAppellate Division of the Supreme Court of the State of New York · 1952
- Stannard v. Robert H. Reid & Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Wildermuth v. PiousAppellate Division of the Supreme Court of the State of New York · 1964
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