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N.Y. CPLR § 5228

N.Y. CPLR § 5228 - Receivers (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 5228, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5228 Receivers § 5228. Receivers. (a) Appointment of receiver. Upon motion of ajudgment creditor, upon such notice as the court may require, the courtmay appoint a receiver who may be authorized to administer, collect,improve, lease, repair or sell any real or personal property in whichthe judgment debtor has an interest or to do any other acts designed tosatisfy the judgment. As far as practicable, the court shall requirethat notice be given to the judgment debtor and to any other judgmentcreditors of the judgment debtor. The order of appointment shall specifythe property to be received, the duties of the receiver and the mannerin which they are to be performed. A receiver shall have no power toemploy counsel unless expressly so authorized by order of the court. Areceiver shall be entitled to necessary expenses and to suchcommissions, not exceeding five percent of the sums received anddisbursed by him, as the court which appointed him allows, but if ajudgment creditor is appointed receiver, he shall not be entitled tocompensation. If a receiver has been appointed, a court making an orderdirecting payment, or delivery, of property shall direct that payment,or delivery, be made to the receiver rather than to a sheriff. Sections6402, 6403, 6404 and 6405 are applicable to receivers appointed underthis subdivision.(b) Extension of receivership. Where a receiver has been appointed,the court, upon motion of a judgment creditor, upon such notice as itmay require, shall extend the receivership to his judgment.