N.Y. CPLR § 1338

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1338 Appointment and powers of temporary receiver. 1 § 1338. Appointment and powers of temporary receiver. 1. Appointmentof temporary receiver; joinder of moving party. Upon motion of theclaiming authority on any other person having an apparent interest inproperty which is the subject of an action pursuant to this article, atemporary receiver of the property may be appointed, before or afterservice of summons and at any time prior to judgment, or during thependency of an appeal, where there is danger that the property will beremoved from the state, or lost, materially injured or destroyed. Amotion made by a person not already a party to the action constitutes anappearance in the action and the person shall be joined as a party.2. Powers of temporary receiver. The court appointing a receiver mayauthorize him or her to take and hold real and personal property, andsue for, collect and sell debts or claims, upon such conditions and forsuch purposes as the court shall direct. A receiver shall have no powerto employ counsel unless expressly so authorized by order of the court.Upon motion of the receiver or a party, powers granted to a temporaryreceiver may be extended or limited or the receivership may be extendedto another action involving the property.3. Duration of temporary receivership. A temporary receivership shallnot continue after final judgment unless otherwise directed by thecourt.