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COLUMBUS REALTY INVESTMENT CORPORATION v. G & S WINDING ROAD, L.P.

257 A.D.2d 592 (1999)

684 N.Y.S.2d 270

COLUMBUS REALTY INVESTMENT CORPORATION, Appellant, v. G & S WINDING ROAD, L.P., et al., Defendants, and H. LEE BLUMBERG, Nonparty Respondent.

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

Decided January 19, 1999.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

It is well settled that an action against a former receiver may not be maintained unless the order of discharge is vacated and leave to prosecute an action is granted (see, Copeland v Salomon, 56 N.Y.2d 222). Here, after commencing an action against, among others, the former receiver to recover damages for negligence and breach of fiduciary...

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