NYCTL 2005-A TRUST v. ROSENBERGER BOAT LIVERY, INC.

7838, 381551/08.

96 A.D.3d 425 (2012)

947 N.Y.S.2d 2

2012 NY Slip Op 4291

NYCTL 2005-A TRUST et al., Plaintiffs, v. ROSENBERGER BOAT LIVERY, INC., et al., Appellants, et al., Defendants. JOAN IACONO, ESQ., Receiver-Appellant, v. RONALD MAGRO, Third-Party Bidder-Respondent.

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

June 5, 2012.


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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