Quick v. Quick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*829The Supreme Court improvidently exercised its discretion in, sua sponte, appointing, pursuant to CPLR 6401, a temporary receiver for the subject partnership. A temporary receiver may be appointed “[u]pon motion of a person having an apparent interest in property which is the subject of [the] action” (CPLR 6401 [a]). Here, none of the parties moved for the appointment of a temporary receiver (see Sycamore Realty Corp. v Matone, 40 AD3d 843, 843-844 [2007]). Moreover, “[t]he appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of possession of…
2Cases cited8 opinions
- Vardaris Tech, Inc. v. Paleros Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Schachner v. SikowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Modern Collection Associates, Inc. v. Capital Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- In re the Judicial Dissolution of Armienti & BrooksAppellate Division of the Supreme Court of the State of New York · 2003
- Singh v. Brunswick Hospital Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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3Cited by7 opinions
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- Cyngiel v. KrigsmanAppellate Division of the Supreme Court of the State of New York · 2021
- Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2011
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