Vardaris Tech, Inc. v. Paleros Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court improvidently exercised its discretion in *632granting the plaintiffs motion pursuant to CPLR 6401 for the appointment of a temporary receiver of the business and assets of the defendant corporation. “The appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of possession of property from a party without an adjudication on the merits” (Schachner v Sikowitz, 94 AD2d 709, 709 [1983]). Therefore, a motion seeking such appointment “should be granted only where the moving party has made a clear evidentiary showing of the necessity for the…
2Cases cited7 opinions
- Schachner v. SikowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Iannone v. IannoneAppellate Division of the Supreme Court of the State of New York · 2006
- Lee v. 183 Port Richmond Avenue Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- DaSilva v. DaSilvaAppellate Division of the Supreme Court of the State of New York · 1996
- Friedman v. RaginAppellate Division of the Supreme Court of the State of New York · 1996
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