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DELOS SANTOS v. 500 C.S. REALTY CORP.

48 A.D.3d 217 (2008)

850 N.Y.S.2d 423

ROBERTO DELOS SANTOS, an Infant, by His Mother and Natural Guardian, SENEIDA DELOS SANTOS, et al., Appellants-Respondents, v. 500 C.S. REALTY CORP. et al., Defendants, and L.W.L. ASSOCIATES et al., Respondents-Appellants. ROBERTO DELOS SANTOS, an Infant, by His Mother and Natural Guardian, SENEIDA DELOS SANTOS, et al., Appellants-Respondents, v. WALTER STRAUSS, as Receiver, Respondent, and L.W.L. ASSOCIATES et al., Respondents-Appellants.

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

Decided February 5, 2008.

The underlying action is based upon a claim of injuries suffered by the infant plaintiff as a result of lead paint poisoning in premises where Strauss had been appointed as receiver during a foreclosure proceeding. An action against a former receiver is not maintainable unless the order discharging the receiver is vacated and leave to prosecute the action is granted (see Gadson v 1340 Hudson Realty Corp., 180 A.D.2d 582, 583 [1992...

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