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O'CONNELL v. RICIGLIANO

232 A.D.2d 386 (1996)

648 N.Y.S.2d 163

Kevin J. O'Connell, Appellant, v. Francis D. Ricigliano et al., Respondents, et al., Defendant

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

October 7, 1996

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly denied, as overbroad, his motion to preliminarily enjoin the court-appointed receiver from collecting rents from all of the subtenants of the subject premises. The collection of rents by the receiver from all of the subtenants in the building was not "an act in violation of the plaintiff's rights" (CPLR 6301) inasmuch as the plaintiff was the shareholder...

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