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BOZEWICZ v. NASH METAL WARE CO., INC.

280 A.D.2d 443 (2001)

720 N.Y.S.2d 514

PETER BOZEWICZ, Also Known as PIOTR BOZEWICZ, Plaintiff, v. NASH METAL WARE CO., INC., et al., Appellants, et al., Defendants. RICHARD GOLDBERG, Nonparty Respondent.

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

Decided February 5, 2001.

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

In this action to foreclose a mortgage, the Supreme Court granted the motion of the temporary receiver, inter alia, to approve his account and fix his commission. In granting the motion, the court approved, nunc pro tunc, the temporary receiver's retention...

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