WELLINGTON ASSOCS., INC. v. DAPIN HOTEL CORP.


24 A.D.2d 736 (1965)

Wellington Associates, Inc., Respondent, v. Dapin Hotel Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 1, 1965


Order entered July 30, 1965, unanimously reversed, on the law, the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and motion for the appointment of a receiver denied, with $10 costs.

The moving papers are grossly inadequate to support so drastic a remedy. (See S. Z. B. Corp. v. Ruth, 14 A.D.2d 678.) Moreover, in a landlord and tenant relationship, there must be a showing that a...

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