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NORTH SIDE SAV. BANK v. ARIEH

234 A.D.2d 169 (1996)

651 N.Y.S.2d 471

North Side Savings Bank, Plaintiff, v. George Arieh et al., Defendants Gregorio Alvarez, Respondent, v. Carmen A. Pacheco, as Receiver, Appellant

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

December 19, 1996

The court properly exercised its discretion in granting leave to sue the receiver in foreclosure nunc pro tunc for alleged injuries suffered during her receivership (see, Copeland v Salomon, 56 N.Y.2d 222, 230-234). Any damages awarded for such injuries caused by the negligence of the receiver, her agents or her employees would be part of the expenses of administration payable out...

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