CROSSLAND SAV. BANK v. 65 LENOX RD. OWNERS CORP.


232 A.D.2d 520 (1996)

648 N.Y.S.2d 973

Crossland Savings Bank, FSB, Plaintiff, v. 65 Lenox Road Owners Corporation et al., Defendants. Lenox 65, Inc., Intervenor-Appellant; Harry Horowitz, Respondent

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

October 21, 1996


Ordered that the order is reversed, on the law, with costs, and the appellant's objections to the receiver's final accounting are sustained.

In view of the receiver's admitted commingling of receivership funds with personal funds, his failure to adequately explain the transactions in question, and the inconsistencies in his testimony, the receiver did not meet his burden of justifying his account (see, Independent Props. Co. v Mast Prop. Investors, ...

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