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ARDEB REALTY CORP. v. EAST ESTATES

12 Misc.2d 167 (1957)

Ardeb Realty Corp., Plaintiff, v. East Estates, Inc., Defendant.

Supreme Court, New York County.

November 25, 1957.

Attorney(s) appearing for the Case

Joseph H. Stein for defendant.

Charles L. Meckenberg for plaintiff.

FELIX C. BENVENGA, J.

The defendant in this action to foreclose a mortgage moves to vacate the appointment of a receiver. Clearly, the mortgagee in such an action is entitled, as a matter of law, to such an appointment "without notice and without regard to the adequacy of any security of the debt" (Real Property Law, § 254, subd. 10; § 258), with the possible exercise of discretion by the court to...

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