Rosenberger's temporary receiver was not a necessary party because title to the property remained with the corporation (see Bate v Brenack Stevedoring Co., Inc., 197 App Div 194, 195 [1921]). We note that Rosenberger and Burke (who owns one half of Rosenberger's shares) appeared early on in this litigation.
The documents challenged by defendants are labeled affidavits and begin, "[name of witness], being duly sworn, deposes and says." (emphasis added...
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