Ardeb Realty Corp. v. East Estates, Inc.

The defendant in this action to foreclose a mortgage moves to vacate the appointment of a receiver. Clearly, the mortgagee in such an action is entitled, as a matter of law, to such an appointment “without notice and without *168regard to the adequacy of any security of the debt” (Real Property Law, § 254, subd. 10; § 258), with the possible exercise of discretion by the court to deny the motion or limit the power of the receiver in case of hardship or the like (Home Title Ins. Co. v. Sherman Holding Corp., 240 App. Div. 851; W. I. M. Corp. v. Cipulo, 216 App. Div. 46, 51-52), or, undoubtedly, in…