Laber v. Laber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Minnie Kolb, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 23d day of October, 1917, appointing a receiver in a partition action.
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Appeal by the defendant, Minnie Kolb, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 23d day of October, 1917, appointing a receiver in a partition action. The plaintiff, the appellant and the defendant Rudolph Laber own, as tenants in common, a lot 22 by 100 feet on Park avenue in the borough of Brooklyn, on which is a two-story wooden building rented to two tenants for a monthly rental of $45. They derive title through their mother, who died November 27, 1898. Her husband, who had collected rents to the time of his death, died on…
1Opinion of the Court
Rich, J.:
The appointment of a receiver in an action of partition or of foreclosure is a harsh remedy, and it has been uniformly held that the property involved in such an action will not be taken from the party in possession and placed in charge of a receiver dining the pendency of the action except upon clear and convincing proof that there is danger of loss or damage, and that such appointment is necessary for the protection of the parties to the action and their interests. There must be danger of irreparable loss, and courts of equity will exercise extreme caution in the appointment of…
2Cited by5 opinions
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- Groh v. HalloranAppellate Division of the Supreme Court of the State of New York · 1982
- In re Di BonaAppellate Division of the Supreme Court of the State of New York · 1974
- Allen v. AllenNew York Supreme Court · 1962
- Jamestead Realty Corp. v. CohenNew York Supreme Court · 1948