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Rosan v. Vassell

Appellate Division of the Supreme Court of New York, First Department
Jan 12, 1999
257 A.D.2d 436 (N.Y. App. Div. 1999)

Summary

holding that a receiver was properly appointed when a receiver was needed to ensure corporation's assets were maintained during litigation

Summary of this case from Lavi v. Assa

Opinion

January 12, 1999.

Appeal from the Supreme Court, New York County (Herman Cahn, J.).


In light of the compelling evidence of a struggle within the subject corporation threatening its continued viability, the motion court's appointment of a temporary receiver for the corporation was a provident exercise of discretion ( see, Modern Telecommunications v. Dalessandro, 185 A.D.2d 218). We modify only to the extent of specifying that the receiver is to continue to discharge his responsibilities in accordance with the stipulation executed by the parties in connection with this Court's interim order. The authority accorded Mr. Snitow, the receiver appointed by the motion court, pursuant to that stipulation, in our judgment remains essential to the preservation of the corporation's assets during the pendency of the underlying litigation ( see, Business Corporation Law § 1202 Bus. Corp. [b]; Koral v. Savory, Inc., 276 N.Y. 215, 218).

Concur — Sullivan, J.P., Rosenberger, Lerner and Saxe, JJ.


Summaries of

Rosan v. Vassell

Appellate Division of the Supreme Court of New York, First Department
Jan 12, 1999
257 A.D.2d 436 (N.Y. App. Div. 1999)

holding that a receiver was properly appointed when a receiver was needed to ensure corporation's assets were maintained during litigation

Summary of this case from Lavi v. Assa
Case details for

Rosan v. Vassell

Case Details

Full title:ROBERT J. ROSAN et al., Respondents, v. WILLIAM C. VASSELL et al.…

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

Date published: Jan 12, 1999

Citations

257 A.D.2d 436 (N.Y. App. Div. 1999)
683 N.Y.S.2d 516

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