UNITED CHELSEA NAT'L BANK v. RUMICAN 190 CORP.


228 A.D.2d 279 (1996)

643 N.Y.S.2d 586

United Chelsea National Bank, Respondent, v. Rumican 190 Corporation, Appellant, et al., Defendants

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

June 13, 1996


Since a receiver had been appointed and a judgment of foreclosure and sale previously entered, without any appeal having been taken, and since the mortgage provided for an ex parte appointment of a receiver, the appointment of a second receiver after the bankruptcy court lifted the automatic stay was proper (see, RPAPL 1325 [1]; Real Property Law § 254 [10]; State St. Bank v Broadway/St. Nicholas Assocs., 214 A.D.2d 474

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