§ 6401 — Appointment and powers of temporary receiver

New York § 6401

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 64: Receivership

Text

§ 6401. Appointment and powers of temporary receiver. (a) Appointment\nof temporary receiver; joinder of moving party. Upon motion of a person\nhaving an apparent interest in property which is the subject of an\naction in the supreme or a county court, a temporary receiver of the\nproperty may be appointed, before or after service of summons and at any\ntime prior to judgment, or during the pendency of an appeal, where there\nis danger that the property will be removed from the state, or lost,\nmaterially injured or destroyed. A motion made by a person not already a\nparty to the action constitutes an appearance in the action and the\nperson shall be joined as a party.\n (b) Powers of temporary receiver. The court appointing a receiver may\nauthorize him to take and hold real and personal property, and sue for,\ncollect and sell debts or claims, upon such conditions and for such\npurposes as the court shall direct. A receiver shall have no power to\nemploy counsel unless expressly so authorized by order of the court.\nUpon motion of the receiver or a party, powers granted to a temporary\nreceiver may be extended or limited or the receivership may be extended\nto another action involving the property.\n (c) Duration of temporary receivership. A temporary receivership shall\nnot continue after final judgment unless otherwise directed by the\ncourt.\n