LEVITT & KAIZER v. CHARLES

104127/09. 1965. 2105.

150 A.D.3d 478 (2017)

2017 NY Slip Op 03866

51 N.Y.S.3d 881

LEVITT & KAIZER, Respondent, v. WAYNE IVORY CHARLES, Defendant. WAYNE IVORY CHARLES, II, Nonparty Appellant.

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

Decided May 11, 2017.


On October 2, 2015, the court granted plaintiff's order to show cause seeking appointment of a receiver to sell the premises jointly held by defendant and Charles II. On or about March 19, 2016, Charles II moved to dismiss or deny plaintiff's order to show cause, well after it was granted. Accordingly, the court properly denied the motion as moot.

However, in denying the motion, the court erred in finding that Charles II lacked standing to oppose the order. Although...

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