Opinion
October 1, 1965
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.