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BANKERS FED. SAV. v. SOMERSET

151 Misc.2d 569 (1991)

Bankers Federal Savings FSB, Plaintiff, v. Somerset Apartment Corp. et al., Defendants.

Supreme Court, New York County.

September 13, 1991

Attorney(s) appearing for the Case

O'Reilly & Marsh (Arthur Walsh of counsel), for plaintiff.

MARTIN B. STECHER, J.

This ex parte application for the appointment of a receiver in a mortgage foreclosure action is denied with leave to renew.

In order for the mortgagee to receive such relief it must show that there has been a default (Fairmont Assocs. v Fairmont Estates, 99 A.D.2d 895, lv denied 62 N.Y.2d 602); and as the application is made ex...

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