Legal Opinion

NYCTL 2005-A Trust v. Rosenberger Boat Livery, Inc.

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

Decided June 5, 2012Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2011, which denied the motion of defendants Rosenberger Boat Livery, Inc. and John E. Burke and nonparty Joan Iacono, as Rosenberger’s temporary receiver, to vacate (1) an order, same court (Howard R. Silver, J.), entered November 13, 2008, appointing a referee, (2) a judgment of foreclosure, same court (Silver, J.), entered June 17, 2010, and (3) an auction sale that took place on October 25, 2010, unanimously affirmed, with costs.

Rosenberger’s temporary receiver was not a necessary party because title to the…

2Cases cited5 opinions

  1. Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
  2. Nyctl 1999-1 Trust v. 573 Jackson Avenue Realty Corp.New York Court of Appeals · 2009
  3. Sparaco v. SparacoAppellate Division of the Supreme Court of the State of New York · 2003
  4. Bate v. Brenack Stevedoring Co.Appellate Division of the Supreme Court of the State of New York · 1921
  5. Chase Manhattan Mortgage Corp. v. HarperAppellate Division of the Supreme Court of the State of New York · 2008

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