MASS MUT INS v. AVON ASSOC


83 Misc.2d 829 (1975)

Massachusetts Mutual Life Insurance Company, Plaintiff, v. Avon Associates, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

September 12, 1975


Attorney(s) appearing for the Case

Post, Hopkins & De Mott (Geoffrey D. Yorke of counsel), for plaintiff. Eaton, Van Winkle & Greenspoon (Steven P. Kessler and Richard E. Hahn of counsel), for defendants. Stroock & Stroock & Lavan (Robert D. Steefel and Henry J. Silberberg of counsel), for receiver.


ABRAHAM J. GELLINOFF, J.

This is a motion by defendants mortgagors to vacate an order of this court, which, upon ex parte application by plaintiff mortgagee, appointed a receiver for the subject property during the pendency of this action to foreclose the mortgage.

The challenged order, entered August 29, 1975, was made after consideration by the court of the allegations of the complaint and of an affidavit by counsel for plaintiff. The complaint...

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