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BEATTY v. WILLIAMS

227 A.D.2d 912 (1996)

643 N.Y.S.2d 267

James Beatty, Respondent, v. Lamont Williams, Appellant, et al., Defendants. (Appeal No. 1.)

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

May 31, 1996

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly exercised its discretion in granting plaintiff's motion for the appointment of a temporary receiver of the real property at 11-13 East Utica Street in Buffalo. Plaintiff met his burden of demonstrating that he has an "apparent interest" in the property (CPLR 6401 [a]; see, Nelson v Nelson, 99 A.D.2d 917) and establishing by clear and...

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