United Chelsea National Bank v. Rumican 190 Corp.

Since a receiver had been appointed and a judgment of foreclosure and sale previously entered, without any appeal having been taken, and since the mortgage provided for an ex parte appointment of a receiver, the appointment of a second receiver after the bankruptcy court lifted the automatic stay was proper (see, RPAPL 1325 [1]; Real Property Law § 254 [10]; State St. Bank v Broadway/ St. Nicholas Assocs., 214 AD2d 474). This exercise of discretion was particularly appropriate given the entry of a consent order with the Department of Housing Preservation and Development to repair 596 building…