Chase Manhattan Bank, N. A. v. Kress
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for negligence of a court-appointed receiver, the plaintiff appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated February 6, 1986, which granted the defendant’s motion to dismiss the complaint as premature.
Ordered that the order is affirmed, with costs.
Initially, we note that the issue of whether leave of the court which appointed the receiver had to be obtained prior to the plaintiff’s commencement of suit against the receiver is properly before this court. In the instant case, a prior order of Special Term did not grant leave to the…
2Cases cited6 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- City of New York v. StateNew York Court of Appeals · 1976
- American Insurance Ass'n v. ChuNew York Court of Appeals · 1985
- Copeland v. SalomonNew York Court of Appeals · 1982
- 149 Clinton Avenue North, Inc. v. GrassiAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by4 opinions
- Tri-State Sol-Aire Corp. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1989
- Lewis v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1998
- Schwartz v. KurlanderAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of LupoliAppellate Division of the Supreme Court of the State of New York · 2000