OLIVA v. LUCERO


212 A.D.2d 407 (1995)

623 N.Y.S.2d 107

Eva C. Oliva, Respondent, v. Tomas Lucero et al., Appellants

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

February 9, 1995


Although plaintiff offered only law office failure as an excuse for failure to obey the IAS Court's directive to settle an order within 60 days (22 NYCRR 202.48), plaintiff showed that a temporary receiver is justified because the parties are "antagonists [who] threaten the wellbeing and continued viability of [the entity]" (Modern Telecommunications v Dalessandro, 185 A.D.2d 218, 224)...

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