Vitug v. Griffin

Opinion

AGLIANO, P. J.

Plaintiffs filed a tort action against a receiver in possession of real property without first seeking permission to do so from the court which had appointed the receiver. The receiver was subsequently discharged without notice to plaintiffs and before they had obtained the required permission to sue. Moreover, plaintiffs’ claim was not accounted for in the receiver’s final report and account to the court. The receiver was later dismissed from the lawsuit on the ground that her discharge shielded her from tort claims which arose during the receivership. Two questions…