Glassner v. Kaufman

Order, entered on October 1, 1963, appointing a temporary receiver of partnership property, unanimously reversed on the law and on the facts, and in the exercise of discretion, without costs, and the motion for a receiver is denied. The appointment of a receiver of a going concern is a drastic remedy, and can properly be invoked only where there is a clear evidentiary showing of the necessity for the conservation of property and the protection of the interests of the litigant (S'. Z. B. Corp. v. Ruth, 14 A D 2d 678). In this action for the dissolution of a partnership and for an accounting,…