Legal Opinion

Vardaris Tech, Inc. v. Paleros Inc.

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

Decided March 11, 2008PublishedCited by 20 opinions

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

  1. Schachner v. SikowitzAppellate Division of the Supreme Court of the State of New York · 1983
  2. Iannone v. IannoneAppellate Division of the Supreme Court of the State of New York · 2006
  3. Lee v. 183 Port Richmond Avenue Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. DaSilva v. DaSilvaAppellate Division of the Supreme Court of the State of New York · 1996
  5. Friedman v. RaginAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by20 opinions

  1. Natoli v. MilazzoAppellate Division of the Supreme Court of the State of New York · 2009
  2. HSBC Bank USA, N.A. v. RubinAppellate Division of the Supreme Court of the State of New York · 2022
  3. Quick v. QuickAppellate Division of the Supreme Court of the State of New York · 2010
  4. Towne v. KingsleyAppellate Division of the Supreme Court of the State of New York · 2014
  5. Gosine v. SahabirAppellate Division of the Supreme Court of the State of New York · 2012

15 more not listed; retrieve them via the Exa API.

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