Foxfire Enterprises, Inc. v. Enterprise Holding Corporation, 366 Fourth Street Corporation, and the Attorney General of the State of New York

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Weinstein, C.J., dismissing an action brought under 42 U.S.C. § 1983 (1982) by appellant Foxfire Enterprises, Inc. (Foxfire). Foxfire is the defendant in a mortgage foreclosure proceeding brought by appellee 366 Fourth Street Corporation (366) in a New York court. Foxfire’s action challenges the constitutionality of Real Property Law (RPL) § 254.10 (McKinney 1968), the New York statute allowing ex parte appointment of a receiver to collect rents in a mortgage foreclosure action. 366 had…