Legal Opinion
Modern Collection Associates, Inc. v. Capital Group, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1988PublishedCited by 15 opinions
1Opinion of the Court
The appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of property from a party without the benefit of a trial on the merits (Schachner v Sikowitz, 94 AD2d 709). Such a provisional remedy may only be invoked in cases where the moving party has made a clear evidentiary showing of the necessity of the conservation of property and the protection of the interests of that party (Glassner v Kaufman, 19 AD2d 885). Such a showing has not been made in the case at bar. The plaintiff’s conclusory allegations are inadequate to substantiate its claim that…
2Cases cited3 opinions
- Schachner v. SikowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Glassner v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1963
- Shapiro v. OstrowAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by15 opinions
- Iannone v. IannoneAppellate Division of the Supreme Court of the State of New York · 2006
- Ronan v. Valley Stream Realty Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Serdaroglu v. SerdarogluAppellate Division of the Supreme Court of the State of New York · 1994
- HSBC Bank USA, N.A. v. RubinAppellate Division of the Supreme Court of the State of New York · 2022
- Lee v. 183 Port Richmond Avenue Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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