COPELAND v. SALOMON


56 N.Y.2d 222 (1982)

James Copeland et al., Appellants, v. Abraham Salomon, Respondent. (Action No. 1.) (And Another Action.)

Court of Appeals of the State of New York.

Decided May 20, 1982.


Attorney(s) appearing for the Case

James L. Fischer, Selwyn Karp, Stephen N. Silver and John Diaconis for appellants.

Jay Edmond Russ for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

Neither the failure to obtain permission from the court which appointed a receiver in mortgage foreclosure to begin an action against him for personal injury incurred by plaintiff during his receivership, nor the fact that prior to service of the summons and complaint the receiver had been permitted to resign subject to an accounting and application for discharge being made by him and a substitute receiver...

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