Although the mortgage agreement at issue contains a provision which specifically authorizes the appointment of a receiver upon application by the mortgagee in any action to foreclose (see Real Property Law § 254 [10]), it is well settled that "[a]n action to foreclose a mortgage is an action in equity" (Jamaica Sav. Bank v M. S. Inv. Co., 274 N.Y. 215, 219 [1937]). Thus, a court of equity, in its discretion and under appropriate circumstances, may...
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