Legal Opinion

Schwartzberg v. Axelrod

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1990Published

1Opinion of the Court

Yesawich, Jr., J.

Petitioners are former licensed operators of health facilities of which respondent Commissioner of Health was appointed receiver pursuant to Public Health Law § 2810 (2) (a). In its March 16, 1979 order, Supreme Court enjoined the Commissioner to honor lease agreements theretofore entered into by petitioners to the extent of directing them to pay intervenor Instlcorp, Inc., the assignee of rents due under these leases, the sum of $117,000 per month for the duration of the receiver’s appointment. This order was apparently predicated upon Public Health Law § 2810 (2) (c) which…

2Cases cited4 opinions

  1. Hodes v. AxelrodNew York Court of Appeals · 1987
  2. Migliaccio v. Phoenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
  3. Schwartzberg v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1984
  4. Schwartzberg v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1989

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