Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Appointment and powers of temporary receiver
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 64
§ 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