N.Y. CPLR § 6401
N.Y. CPLR § 6401 - Appointment and Powers of Temporary Receiver
- Official Source
- Official source link unavailable
- Freshness
- Verified Currentlast checked
Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 6401, 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 § 6401 Appointment and powers of temporary receiver § 6401. Appointment and powers of temporary receiver. (a) Appointmentof temporary receiver; joinder of moving party. Upon motion of a personhaving an apparent interest in property which is the subject of anaction in the supreme or a county court, a temporary receiver of theproperty may be appointed, before or after service of summons and at anytime prior to judgment, or during the pendency of an appeal, where thereis danger that the property will be removed from the state, or lost,materially injured or destroyed. A motion made by a person not already aparty to the action constitutes an appearance in the action and theperson shall be joined as a party.(b) Powers of temporary receiver. The court appointing a receiver mayauthorize him to take and hold real and personal property, and sue for,collect and sell debts or claims, upon such conditions and for suchpurposes as the court shall direct. A receiver shall have no power toemploy 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.(c) Duration of temporary receivership. A temporary receivership shallnot continue after final judgment unless otherwise directed by thecourt.