SECURED CAPITAL CORP. OF N.Y. v. DANSKER, N.Y. App. Div., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Attorney(S)

Crisona Schwartz, LLP, New York, N.Y. (Richard A. Schwartz, Richard L. Crisona, and Christopher P. Milazzo of counsel), for defendants third-party plaintiffs-appellants. Jeffrey B. Hulse, Islandia, N.Y., for plaintiff-respondent and third-party defendants-respondents.

See more information ...

Smart Summary

Please sign up to generate summary.

SECURED CAPITAL CORP. OF N.Y., plaintiff-respondent, v. NORMAN DANSKER, et al., defendants third-party plaintiffs-appellants; JOANNE VON ZWEHL, etc., et al., third-party defendants-respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants' contention that the Supreme Court erred in denying their motion for the appointment of a temporary receiver is without merit. The appointment of a receiver is a drastic and intrusive remedy and may only be invoked in cases where the moving party has made a clear evidentiary showing of the necessity of conserving the property and protecting the interests of that party ( see, Modern Collection Assocs. v. Capital Group, 140 A.D.2d 594). While the defendants demonstrated their apparent interest in the specific funds and properties which are the subject of this action ( see, Lefebvre v. Shea, 212 A.D.2d 884; Meurer v. Meurer, 21 A.D.2d 778), they failed to demonstrate that those funds or properties are in danger of being materially injured or destroyed ( see, CPLR 6401[a]).

SECURED CAPITAL CORP. OF N.Y. v. DANSKER

SECURED CAPITAL CORP. OF N.Y., plaintiff-respondent, v. NORMAN DANSKER, et al., defendants third-party plaintiffs-appellants; JOANNE VON ZWEHL, etc., et al., third-party defendants-respondents.

Comments