Appellate Division of the Supreme Court of New York, 1985

Emblem v. Juras

Appellate Division of the Supreme Court of New York · Decided July 1, 1985

112 A.D.2d 134; 491 N.Y.S.2d 382; 1985 N.Y. App. Div. LEXIS 56419

Cases that cite this one

5 later published cases cite this decision.

HSBC Bank USA, N.A. v. Rubin (Appellate Division of the Supreme Court of New York 2022)
In re the Dissolution of Hirschfeld, Stern, Moyer & Ross, Inc. (Appellate Division of the Supreme Court of New York 2001)
Emblem v. Juras (Appellate Division of the Supreme Court of New York 1991)
Peppermill Realty, Inc. v. Vahab (Appellate Division of the Supreme Court of New York 1989)
Chalos v. Chalos (Appellate Division of the Supreme Court of New York 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to declare void an agreement dated December 10, 1974, between the residuary lega*135tees of an estate allowing defendant to reside in certain premises on stated conditions, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Kelly, J.), entered October 13, 1983, as denied their motion to appoint a temporary receiver of the premises with authority to sell.

Order affirmed insofar as appealed from, with costs.

Appointment of a temporary receiver is an extreme remedy and should not be lightly granted (Nelson v Nelson, 99 AD2d 917). Since the defendant did not willfully refuse to comply with the March 1983 settlement stipulation and the delay in complying was occasioned by the proposed mortgagee selected by both parties, the court’s extension of the time for compliance with the stipulation was an appropriate remedy and not an abuse of discretion.

Plaintiffs’ claim for rescission of the settlement stipulation on the grounds of unilateral mistake and unjust enrichment is not properly before us, having been raised for the first time on appeal. Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.