OLIVA v. LUCERO

Although plaintiff offered only law office failure as an excuse for failure to obey the IAS Court's directive to settle an order within 60 days ( 22 NYCRR 202.48), plaintiff showed that a temporary receiver is justified because the parties are "antagonists [who] threaten the wellbeing and continued viability of [the entity]" (Modern Telecommunications v. Dalessandro, 185 A.D.2d 218, 224), and we therefore find that a compelling policy, a concern for the wellbeing of the subject building and its tenants, justifies permitting the late settlement of the order (see, Russo v. City of New York, 206 A.D.2d 355).

Concur — Sullivan, J.P., Wallach, Rubin, Ross and Tom, JJ.