Eastbank, N. A. v. Malneut Realty Corp.

Order, Supreme Court, New York County (Harold Tompkins, J.), entered May 9, 1991, which appointed a receiver in a mortgage foreclosure action, unanimously reversed, on the law and the facts, and the order is vacated, with costs.

In its memorandum decision underlying the order appealed from, the IAS court referred erroneously to plaintiffs purported "motion for summary judgment appointing a receiver”, whereas in fact the plaintiff did not request appointment of a receiver, and the defendant-appellant Malneut Realty Corp., the owner of the subject premises, did not want a receiver appointed.…