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CAPITAL ONE, N.A. v. BANFILL

10279. 850225/16. 520.

177 A.D.3d 415 (2019)

111 N.Y.S.3d 594

2019 NY Slip Op 08004

Capital One, N.A., Successor by Merger to ING Bank, FSB, Plaintiff, v. Andrew Banfill, Appellant, and Board of Managers of the West 110th Street Condominium, Respondent, et al., Defendants.

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

Decided November 7, 2019.

Contrary to defendant Banfill's contention, the Board is not precluded from seeking the appointment of a temporary receiver before answering the complaint (see CPLR 6401).

The motion court's appointment of a temporary receiver in this mortgage foreclosure action was a provident exercise of discretion. Both Real Property Law § 339-aa and the condominium bylaws provide for the appointment of a receiver in a lien foreclosure action to collect the reasonable...

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