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CROSSLAND FED. SAV. BANK v. AYELET REALTY CO.

235 A.D.2d 316 (1997)

652 N.Y.S.2d 954

Crossland Federal Savings Bank, Plaintiff, v. Ayelet Realty Co. et al., Appellants, et al., Defendants. Alicia Kaplow, as Temporary Receiver, Respondent

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

January 23, 1997

Defendants-appellants' claim that the temporary receiver improvidently entered into a lease with a tenant already in possession for a rental of $3,500 instead of $4,000 a month did not warrant a hearing, absent a showing that the nonpayment proceeding pending against that tenant when the receiver was appointed was likely to succeed. Defendants supplied no proof in admissible form to establish that the temporary receiver acted in...

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