CHASE MANHATTAN BANK v. KRESS


131 A.D.2d 807 (1987)

Chase Manhattan Bank, N. A., Appellant, v. Ralph H. Kress, Respondent

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

June 29, 1987


Ordered that the order is affirmed, with costs.

Initially, we note that the issue of whether leave of the court which appointed the receiver had to be obtained prior to the plaintiff's commencement of suit against the receiver is properly before this court. In the instant case, a prior order of Special Term did not grant leave to the plaintiff to sue, reasoning that such leave was unnecessary. While this order would bind a court of coordinate jurisdiction, the doctrine...

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