CAPITAL CROSSING BANK v. AURORA HOSPITALITY, LLC


45 A.D.3d 1266 (2007)

845 N.Y.S.2d 634

CAPITAL CROSSING BANK, as Successor to WYOMING COUNTY BANK, et al., Respondents, v. AURORA HOSPITALITY, LLC, et al., Respondents, et al., Defendants. BRADLY J. SAX, Appellant; JAMES A. PARTACZ, ESQ., Respondent.

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

Decided November 9, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and vacating the last ordering paragraph of the order dated March 27, 2006 and granting Bradly J. Sax leave to commence an action against the temporary receiver and as modified the order is affirmed without costs.

Memorandum:

Bradly J. Sax, the appellant in this mortgage foreclosure action, was employed as the manager...

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