2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
5228 - Receivers.


NY CPLR § 5228 (2012) What's This?
 
    §  5228.  Receivers.  (a)  Appointment  of  receiver. Upon motion of a
  judgment creditor, upon such notice as the court may require, the  court
  may  appoint  a  receiver  who may be authorized to administer, collect,
  improve, lease, repair or sell any real or personal  property  in  which
  the  judgment debtor has an interest or to do any other acts designed to
  satisfy the judgment. As far as practicable,  the  court  shall  require
  that  notice  be  given to the judgment debtor and to any other judgment
  creditors of the judgment debtor. The order of appointment shall specify
  the property to be received, the duties of the receiver and  the  manner
  in  which  they  are  to be performed. A receiver shall have no power to
  employ counsel unless expressly so authorized by order of the court.   A
  receiver   shall   be   entitled  to  necessary  expenses  and  to  such
  commissions, not  exceeding  five  percent  of  the  sums  received  and
  disbursed  by  him,  as  the  court which appointed him allows, but if a
  judgment creditor is appointed receiver, he shall  not  be  entitled  to
  compensation.  If a receiver has been appointed, a court making an order
  directing payment, or delivery, of property shall direct  that  payment,
  or  delivery, be made to the receiver rather than to a sheriff. Sections
  6402, 6403, 6404 and 6405 are applicable to  receivers  appointed  under
  this subdivision.
    (b)  Extension  of  receivership. Where a receiver has been appointed,
  the court, upon motion of a judgment creditor, upon such  notice  as  it
  may require, shall extend the receivership to his judgment.

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