Order reversed, with $50 costs and disbursements, and the order of October 30, 1975 is reinstated.
Special Term vacated its order of October 30, 1975, which order, inter alia, appointed a receiver, on the ground that no action to foreclose was pending on the date the order issued. Nonpendency was predicated upon a finding that service upon one John Wingate, a handyman who occupies a basement apartment in the subject premises, but pays no rent, was not service...
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