2019 New York Laws
CVP - Civil Practice Law and Rules
Article 64 - Receivership
6401 - Appointment and Powers of Temporary Receiver.

Universal Citation: NY CPLR § 6401 (2019)
§  6401. Appointment and powers of temporary receiver. (a) Appointment
of temporary receiver; joinder of moving party. Upon motion of a  person
having  an  apparent  interest  in  property  which is the subject of an
action in the supreme or a county court, a  temporary  receiver  of  the
property may be appointed, before or after service of summons and at any
time prior to judgment, or during the pendency of an appeal, where there
is  danger  that  the  property will be removed from the state, or lost,
materially injured or destroyed. A motion made by a person not already a
party to the action constitutes an appearance  in  the  action  and  the
person shall be joined as a party.

(b) Powers of temporary receiver. The court appointing a receiver may authorize him to take and hold real and personal property, and sue for, collect and sell debts or claims, upon such conditions and for such purposes as the court shall direct. A receiver shall have no power to employ counsel unless expressly so authorized by order of the court. Upon motion of the receiver or a party, powers granted to a temporary receiver may be extended or limited or the receivership may be extended to another action involving the property.

(c) Duration of temporary receivership. A temporary receivership shall not continue after final judgment unless otherwise directed by the court.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.