Legal Opinion

Franklin National Bank v. Hall

Civil Court of the City of New York

Decided October 14, 1966PublishedCited by 1 opinion

1Opinion of the CourtAbraham A. Berry, J.

The judgment creditor, by order to show cause, has applied for an order appointing a receiver pursuant to the provisions of CPLR 5228. This motion was granted by default with a direction that an order be submitted. Such proposed order has been submitted in which the judgment *737creditor asks that it be appointed receiver of the property of the judgment debtor.

Two questions are immediately apparent to the court: (1) May a bank be appointed receiver in supplementary proceedings? (2) Whether a judgment creditor may be appointed receiver? In answer to the first question, the only decision that the…

2Cases cited1 opinion

  1. In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928

3Cited by1 opinion

  1. Chlopecki v. ChlopeckiAppellate Division of the Supreme Court of the State of New York · 2002

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