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ESSEX v. NEWMAN

220 A.D.2d 639 (1995)

632 N.Y.S.2d 636

Robert B. Essex, Respondent, v. Gary P. Newman et al., Appellants, et al., Defendants

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

October 23, 1995

Ordered that the order is modified by deleting the provision thereof which fixed reasonable rental payments at $2,000 per month; as so modified, the order is affirmed, with costs to the appellants.

The mortgage in the present case specifically authorizes the appointment of a receiver upon application by the mortgagee in any action to foreclose the mortgage. Such a clause authorizes the appointment of a receiver without notice...

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