Legal Opinion

Quick v. Quick

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 2010PublishedCited by 7 opinions

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

  1. Vardaris Tech, Inc. v. Paleros Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Schachner v. SikowitzAppellate Division of the Supreme Court of the State of New York · 1983
  3. Modern Collection Associates, Inc. v. Capital Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  4. In re the Judicial Dissolution of Armienti & BrooksAppellate Division of the Supreme Court of the State of New York · 2003
  5. 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

  1. HSBC Bank USA, N.A. v. RubinAppellate Division of the Supreme Court of the State of New York · 2022
  2. Gosine v. SahabirAppellate Division of the Supreme Court of the State of New York · 2012
  3. Board of Mgrs. of Golfview Condominium I v. Island Condo Mgt. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Cyngiel v. KrigsmanAppellate Division of the Supreme Court of the State of New York · 2021
  5. Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

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