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CROSSLAND SAV. v. LoGUIDICE-CHATWAL REAL ESTATE INVS. CO.

157 A.D.2d 504 (1990)

Crossland Savings, FSB, Respondent, v. LoGuidice-Chatwal Real Estate Investments Co. et al., Appellants, et al., Defendants. LoGuidice-Chatwal Real Estate Investments Co. et al., Counterclaim Plaintiffs-Appellants, v. Cross-Land Savings, FSB, Counterclaim Defendant-Respondent

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

January 11, 1990

In this mortgage foreclosure action, the plaintiff mortgagee bank originally obtained an ex parte order appointing a receiver, pursuant to the provisions of the mortgage. That provision, which in effect adopts the language of Real Property Law § 254 (10), authorizes the appointment without notice and without regard to the adequacy of any security. Subsequently, the parties arranged to suspend the appointment, but without prejudice...

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