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KEY BANK OF NEW YORK v. ANTON

241 A.D.2d 482 (1997)

659 N.Y.S.2d 895

Key Bank of New York, Appellant, v. Karl V. Anton, Jr., et al., Defendants, and Peter Bodkin et al., Respondents

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

July 14, 1997

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing in accordance herewith.

The respondent Peter Bodkin was appointed the receiver of certain foreclosed property containing a restaurant, and was granted authority to operate the restaurant as an ongoing concern. Over the course of the receiver's tenure, the restaurant ceased to take...

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