Legal Opinion
Mandel v. Nero
New York Supreme Court
Decided January 20, 1967PublishedCited by 3 opinions
1Opinion of the Court
John H. Galloway, Jr., J.
This motion to reargue a motion which granted a defendant mortgagor’s application to cancel and set aside the ex parte appointment of a receiver in a foreclosure action (51 Misc 2d 927) is granted.
On reargument we are persuaded that the original determination should be withdrawn and the motion to vacate the ex parte appointment of the receiver denied. On the original motion we were of the opinion that section 1325 of the Beal Property-Actions and Proceedings Law was controlling, since it was of more recent enactment than subdivision 10 of section 254 of the Beal…
2Cases cited5 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Wolf v. 120 Middleton Realty Corp.New York Supreme Court · 1961
- Ardeb Realty Corp. v. East Estates, Inc.New York Supreme Court · 1957
- Mandel v. NeroNew York Supreme Court · 1966
- Pignolone v. MartinoNew York Supreme Court · 1932
3Cited by3 opinions
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- Friedman v. Gerax Realty AssociatesNew York Supreme Court · 1979
- Massachusetts Mutual Life Insurance v. Avon Associates, Inc.New York Supreme Court · 1975