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SECURED CAPITAL CORP. OF N.Y. v. DANSKER

263 A.D.2d 503 (1999)

694 N.Y.S.2d 409

SECURED CAPITAL CORP. OF N. Y., Respondent, v. NORMAN DANSKER et al., Defendants and Third-Party Plaintiffs-Appellants. JOANNE VON ZWEHL et al., Third-Party Defendants-Respondents.

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

Decided July 19, 1999.

Ordered that the order is affirmed, with costs.

The defendants' contention that the Supreme Court erred in denying their motion for the appointment of a temporary receiver is without merit. The appointment of a receiver is a drastic and intrusive remedy and may only be invoked in cases where the moving party has made a clear evidentiary showing of the necessity of conserving the property and protecting the interests of that party (see, Modern Collection Assocs...

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