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VARDARIS TECH, INC. v. PALEROS INC.

49 A.D.3d 631 (2008)

853 N.Y.S.2d 601

VARDARIS TECH, INC., Respondent, v. PALEROS INC., Doing Business as GRAND CAFÉ, Appellant. (And Another Title.)

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

Decided March 11, 2008.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion pursuant to CPLR 6401 for the appointment of a temporary receiver for the defendant's business and assets is denied.

The Supreme Court improvidently exercised its discretion in granting the plaintiff's motion pursuant to CPLR 6401 for the appointment of a temporary receiver of the business and assets...

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