ALBANK, FSB, v. DASHNAW JR.


37 A.D.3d 932 (2007)

830 N.Y.S.2d 792

ALBANK, FSB, Plaintiff, v. HENRY N. DASHNAW JR. et al., Appellants. DIANE WEBSTER BRADY, Respondent.

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

Decided February 8, 2007.


Carpinello, J.

In the course of this mortgage foreclosure action, an attorney was appointed the receiver of rents. Although the underlying action was essentially resolved by plaintiff's July 2002 execution of a discharge of mortgage, defendants (the four obligors on the mortgage) thereafter claimed that the receiver breached her fiduciary duties and negligently performed her receiver services. In February 2003, Supreme Court thus authorized them to commence an action...

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