IN RE RECEIVER OF VENUS PLAZA

Docket No. 196107.

579 N.W.2d 99 (1998)

228 Mich. App. 357

In re Motion for Leave to Sue RECEIVER OF VENUS PLAZA SHOPPING CENTER. RESOLUTION TRUST CORPORATION, as Conservator of First Federal Savings & Loan Association, Plaintiff-Appellee, v. VENUS PLAZA ASSOCIATES, Defendant-Appellant, and Andrew Balinski, Receiver, Appellee.

Court of Appeals of Michigan.

Decided February 27, 1998, at 9:25 a.m.

Released for Publication June 8, 1998.


Attorney(s) appearing for the Case

Honigman Miller Schwartz and Cohn by Mark A. Goldsmith and Ann L. Andrews, Detroit, for Adrian J. Balinski.

Sommers, Schwartz, Silver & Schwartz, Southfield, and Fakhri W. Yono, Farmington Hills by Carl B. Downing, for Venus Plaza Associates.

Before MARKEY, P.J., and BANDSTRA and MARKMAN, JJ.


PER CURIAM.

Venus Plaza Associates (hereinafter Venus) appeals as of right the order denying its motion for leave to sue a court-appointed receiver. We affirm.

Resolution Trust Corporation, as conservator of First Federal Savings & Loan Association, held a mortgage note executed by Venus. Venus had secured the note with a mortgage on and an assignment of rents of the Venus Plaza Shopping Center. In February 1993, Venus defaulted on the loan, and Resolution...

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