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COPELAND v. SALOMON

81 A.D.2d 824 (1981)

James Copeland et al., Respondents, v. Abraham Salomon, Appellant. (Action No. 1.) Fulton Savings Bank Kings County, Plaintiff, v. Feivel Halberstrom, Doing Business as Mott Avenue Management, et al., Defendants. James Copeland et al., Respondents; Abraham Salomon, Appellant. (Action No. 2.)

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

May 4, 1981

Orders reversed, on the law, with one bill of $50 costs and disbursements, motion to dismiss granted and motion for leave to institute a personal injury action denied.

A Receiver may not sue or be sued without the express permission of the court that appointed him. As failure to comply with this condition precedent is jurisdictional, it cannot be cured by an order of the appointing court nunc pro tunc (Kilarjian...

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