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MATTER OF KRISTENSEN v. CHARLESTON SQUARE, INC.

273 A.D.2d 312 (2000)

709 N.Y.S.2d 853

In the Matter of ARVID KRISTENSEN et al., Respondents, v. CHARLESTON SQUARE, INC., et al., Appellants. (Proceeding No. 1.) In the Matter of ARVID KRISTENSEN et al., Respondents, v. CASA MASON CORP. et al., Appellants. (Proceeding No. 2.)

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

Decided June 12, 2000.

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

The provisional remedy of receivership may be invoked only in cases where the moving party has made a clear evidentiary showing of the necessity of conserving the property and protecting that party's interests (see, Secured Capital Corp. v Dansker, 263 A.D.2d 503; Ronan v Valley Stream Realty Co., 249 A.D.2d 288<...

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