Wellington Associates, Inc. v. Dapin Hotel Corp.

Appellate Division of the Supreme Court of New York

Wellington Associates, Inc. v. Dapin Hotel Corp.

24 A.D.2d 736, 263 N.Y.S.2d 464, 1965 N.Y. App. Div. LEXIS 3343

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 1965

StatusPublished

This text of 24 A.D.2d 736 (Wellington Associates, Inc. v. Dapin Hotel Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wellington Associates, Inc. v. Dapin Hotel Corp., 24 A.D.2d 736, 263 N.Y.S.2d 464, 1965 N.Y. App. Div. LEXIS 3343 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order entered July 30, 1965, unanimously reversed, on the law, the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and motion for the appointment of a receiver denied, with $10 costs. The moving papers are grossly inadequate to support so drastic a remedy. (See S. Z. B. Corp. v. Ruth, 14 A D 2d 678.) Moreover, in a landlord and tenant relationship, there must be a showing that a receivership is necessary rather than the more expeditious remedy of a summary proceeding. Settle order on 10 days’ notice. Concur — Botein, P. J., Breitel, McNally, Eager and Steuer, JJ.

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Order entered July 30, 1965, unanimously reversed, on the law, the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and motion for the appointment of a receiver denied, with $10 costs. The moving papers are grossly inadequate to support so drastic a remedy. (See S. Z. B. Corp. v. Ruth, 14 A D 2d 678.) Moreover, in a landlord and tenant relationship, there must be a showing that a receivership is necessary rather than the more expeditious remedy of a summary proceeding. Settle order on 10 days’ notice. Concur — Botein, P. J., Breitel, McNally, Eager and Steuer, JJ.

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Bluebook (online)

24 A.D.2d 736, 263 N.Y.S.2d 464, 1965 N.Y. App. Div. LEXIS 3343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wellington-associates-inc-v-dapin-hotel-corp-nyappdiv-1965.