Opinion
February 9, 1995
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
Although plaintiff offered only law office failure as an excuse for failure to obey the IAS Court's directive to settle an order within 60 days ( 22 NYCRR 202.48), plaintiff showed that a temporary receiver is justified because the parties are "antagonists [who] threaten the wellbeing and continued viability of [the entity]" (Modern Telecommunications v. Dalessandro, 185 A.D.2d 218, 224), and we therefore find that a compelling policy, a concern for the wellbeing of the subject building and its tenants, justifies permitting the late settlement of the order (see, Russo v. City of New York, 206 A.D.2d 355).
Concur — Sullivan, J.P., Wallach, Rubin, Ross and Tom, JJ.