Opinion
June, 1910.
There is no positive allegation in the papers upon which this motion was made that the security is insufficient. It is true that the mortgage provides that a receiver may be appointed without regard to the value of the premises "on five days' notice to the party of the first part, her heirs or assigns," but it does not appear that such notice has been given. The case is much like Jarmulowsky v. Rosenbloom ( 125 App. Div. 542), wherein a similar order was reversed. The order appealed from should be reversed, with ten dollars costs and disbursements, and motion denied, with leave to renew upon further papers. Ingraham, P.J., McLaughlin, Clarke and Dowling, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion denied, with leave to renew.