Greenbrier Realty Corp. v. Simon

We think the Supreme Court had no power to appoint a receiver in supplementary proceedings instituted in the City Court. Such a receiver is appointed exclusively under the authority of the statute (Civ. Prac. Act, § 805) and not under the general equity powers of the Supreme Court. Section 805, applicable here, provides that “ the judge to whom the order or warrant is returnable ” may appoint a receiver of the property of the judgment debtor. By section 78 of the Civil Practice Act, it is provided that in the first and second judicial districts such proceedings may be continued before any…