Appellate Division of the Supreme Court of New York, 2011

ADHY Advisors LLC v. 530 West 152nd Street LLC

ADHY Advisors LLC v. 530 West 152nd Street LLC
Appellate Division of the Supreme Court of New York · Decided March 24, 2011
82 A.D.3d 619; 918 N.Y.2d 721
ADHY Advisors LLC v. 530 West 152nd Street LLC

Opinion of the Court

Although the mortgage agreement at issue contains a provision which specifically authorizes the appointment of a receiver upon application by the mortgagee in any action to foreclose (see Real Property Law § 254 [10]), it is well settled that “[a]n action to foreclose a mortgage is an action in equity” (Jamaica Sav. Bank v M. S. Inv. Co., 274 NY 215, 219 [1937]). Thus, a court of equity, in its discretion and under appropriate circumstances, may deny such an application (see Maspeth Fed. Sav. & Loan Assn. v McGown, 77 AD3d 889, 889-890 [2010]; Clinton Capital Corp. v One Tiffany Place Developers, 112 AD2d 911, 912 [1985]; Mancuso v Kambourelis, 72 AD2d 636, 637 [1979], appeal dismissed 48 NY2d 1027 [1980]; W. I. M. Corp. v Cipulo, 216 App Div 46 [1926]). Based upon the circumstances presented here, we find that the motion court properly exercised its discretion in declining to appoint a receiver. Concur — Mazzarelli, J.E, Saxe, Friedman, Acosta and Freedman, JJ.

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