Bate v. Brenack Stevedoring Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Herbert Bate, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 4th day of May, 1921, permitting a receiver, upon his application, to be made a party to a foreclosure action, and directing that the summons be amended accordingly, and giving the receiver the right to interpose an answer.
1Opinion of the Court
Blackmar, P. J.:
The receiver was appointed as custodian of the property simply, with such powers as the United States court that appointed him conferred upon him. The title of the property remained with the defendant corporation, and the receiver, therefore, had no interest in the subject of the action or in the real property within the meaning of section 452 of the Code of Civil Procedure, which, as we understand it, means a property interest. He is, therefore, not entitled to intervention as a matter of right. Neither is there any justification for making him a party in the exercise of the…
2Cases cited1 opinion
- Honegger v. . WettsteinNew York Court of Appeals · 1883
3Cited by4 opinions
- NYCTL 2005-A Trust v. Rosenberger Boat Livery, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Ladue v. Goodhead, New York County Courts1943
- Garibaldi v. City of YonkersNew York Supreme Court · 1949
- NYCTL 2005-A Trust v. Rosenberger Boat Livery, Inc.Appellate Division of the Supreme Court of the State of New York · 2012